12-21-32
Section 12-21-32 Books of account kept by deceased executor, etc. Books of account kept by
a deceased executor, administrator, guardian or trustee or entries or memoranda made by him
in the course of business or duty are admissible evidence; and, if such book or memoranda
is lost, a copy thereof, supported by the oath of the person making it, is admissible evidence.
(Code 1876, §3054; Code 1886, §2778; Code 1896, §1809; Code 1907, §3976; Code 1923, §7672;
Code 1940, T. 7, §384.)...
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26-8-47
Section 26-8-47 Removal of property or money when minor or ward and conservator nonresidents
- Discharge of resident administrator, etc. Such order is a discharge of the executor, administrator,
or other person in whose possession such property may be at the time of the order made. (Code
1852, §2034; Code 1867, §2444; Code 1876, §2799; Code 1886, §2496; Code 1896, §2381;
Code 1907, §4471; Code 1923, §8244; Code 1940, T. 21, §116.)...
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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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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43-2-110
Section 43-2-110 Limits of liability generally. No executor or administrator is liable, except
in the case provided by section 43-2-62, beyond the amount of assets which have come to his
hands or which have been lost, destroyed, wasted, injured, depreciated or not collected by
want of diligence on his part or an abuse of his trust. (Code 1852, §1919; Code 1867, §2278;
Code 1876, §2616; Code 1886, §2269; Code 1896, §337; Code 1907, §2798; Code 1923, §6037;
Code 1940, T. 61, §114.)...
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43-2-290
Section 43-2-290 Causes of removal generally. An administrator may be removed, and his letters
revoked for his removal from the state; and an administrator or executor may be removed and
his letters revoked for any of the following causes: (1) Imbecility of mind; intemperance;
continued sickness, rendering him incapable of the discharge of his duties; or when from his
conduct or character there is reason to believe that he is not a suitable person to have the
charge and control of the estate. (2) Failure to make and return inventories or accounts of
sale; failure to make settlements as required by law; or the failure to do any act as such
executor or administrator, when lawfully required by the judge of probate. (3) The wasting,
embezzlement or any other maladministration of the estate. (4) The using of any of the funds
of the estate for his own benefit. (5) A sentence of imprisonment in the penitentiary, county
jail or for hard labor for the county for a term of 12 months or more....
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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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43-2-250
Section 43-2-250 Appointment. When, in any proceeding in any court, the estate of a deceased
person must be represented, and there is no executor or administrator of such estate, or he
is interested adversely thereto, it shall be the duty of the court to appoint an administrator
ad litem of such estate for the particular proceeding, without bond, whenever the facts rendering
such appointment necessary shall appear in the record of such case or shall be made known
to the court by the affidavit of any person interested therein. (Code 1876, §2625; Code 1886,
§2283; Code 1896, §352; Code 1907, §2818; Code 1923, §6057; Code 1940, T. 61, §165.)...

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43-2-299
Section 43-2-299 Removal or additional bond on motion of court. Whenever the judge of probate
has reason to believe that any just ground or cause of removal exists, or that an additional
bond should be required of an executor, or administrator, he may cause a citation to be served
on such executor or administrator, requiring him to appear on a day therein named, five days
after service thereof, and show cause why he should not be removed, or give an additional
bond, as the case may be; and if no sufficient cause is shown, the court may remove such executor
or administrator, or require him to give an additional bond; and, if an additional bond is
required, on failure to give the same within the time prescribed the court may remove him.
(Code 1852, §§1708, 1709; Code 1867, §§2029, 2030; Code 1876, §§2398, 2399; Code 1886,
§2053; Code 1896, §100; Code 1907, §2574; Code 1923, §5797; Code 1940, T. 61, §187.)...

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43-2-353
Section 43-2-353 Revival of pending action considered as presentation. The revival of any action
pending against any person at the time of his death, which by law survives against his personal
representative, by notice served on the executor or administrator within six months after
the grant of letters, shall be considered as a presentation of the claim on which the action
is founded. (Code 1852, §1886; Code 1867, §2242; Code 1876, §2600; Code 1886, §2084; Code
1896, §134; Code 1907, §2594; Code 1923, §5819; Acts 1931, No. 719, p. 838; Code 1940,
T. 61, §215.)...
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