43-2-532
Section 43-2-532 Proceedings on settlement of account. On the day appointed for auditing such
account, any person may attend on the part of such executor or administrator and show that
he is entitled to additional credits; and any person interested may attend and contest any
item of such account or in any previous account, or may show assets not accounted for, or
that such executor or administrator has failed to collect any assets from want of due diligence,
or that, by any abuse of, or failure to discharge his trust, such assets or any portion thereof
have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator
must be charged therewith; and, upon such settlements, decrees must be rendered as upon settlements
voluntarily made. (Code 1886, §2157; Code 1896, §225; Code 1907, §2688; Code 1923, §5921;
Code 1940, T. 61, §318.)...
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12-11-41
Section 12-11-41 Removal of administration of estates from probate court. The administration
of any estate may be removed from the probate court to the circuit court at any time before
a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator
or administrator with the will annexed of any such estate, without assigning any special equity;
and an order of removal must be made by the court, upon the filing of a sworn petition by
any such heir, devisee, legatee, distributee, executor, administrator or administrator with
the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee,
distributee, executor, administrator or administrator with the will annexed and that, in the
opinion of the petitioner, such estate can be better administered in the circuit court than
in the probate court. (Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)...

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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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43-2-707
Section 43-2-707 Declaration of insolvency. If no person contests the correctness of the report
or if the issue is decided against contestant, the court must declare the estate insolvent
and must make an order for the executor or administrator on a day therein named, not less
than 30 nor more than 60 days therefrom, to appear and make a settlement of his administration;
and of such order, and of the day appointed for such settlement, notice must be given by the
judge of probate as is required by section 43-2-704. (Code 1852, §§1838, 1839; Code 1867,
§§2187, 2188; Code 1876, §§2559, 2560; Code 1886, §2230; Code 1896, §298; Code 1907,
§2763; Code 1923, §6002; Code 1940, T. 61, §389.)...
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43-2-580
Section 43-2-580 When legatee or widow entitled to compel payment. After the expiration of
six months from the grant of letters testamentary, or of administration, with the will annexed,
if there are more than sufficient assets in the hands of such executor or administrator to
pay the debts of the deceased, any legatee may apply to the probate court of the county in
which letters were granted to compel the payment of his legacy; and a widow who has dissented
from her husband's will or her personal representative, if she is dead, shall have like remedy
to compel the payment of the distributive share to which she may be entitled. (Code 1852,
§1772; Code 1867, §2098; Code 1876, §2475; Code 1886, §2192; Code 1896, §260; Code 1907,
§2736; Code 1923, §5975; Acts 1931, No. 726, p. 841; Code 1940, T. 61, §335.)...
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6-9-193
Section 6-9-193 Issuance of execution in favor of personal representative or successor without
revival. When a plaintiff dies after the entry of a judgment in his favor and such judgment
is unsatisfied, execution may issue thereon in favor of the personal representative of such
deceased plaintiff, and in like manner when a judgment is entered in favor of an executor,
administrator, guardian or trustee who dies, resigns, is removed, or whose authority ceases
from any cause, execution may issue in favor of the successor without a revival. (Code 1867,
§2834; Code 1876, §3176; Code 1886, §2925; Code 1896, §1926; Code 1907, §4149; Code 1923,
§7864; Code 1940, T. 7, §575.)...
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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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35-6-62
Section 35-6-62 Sale instead of partition - Decree and orders; appointment of commissioner;
conduct of sale. If, upon the hearing, the court is satisfied from the proof that such property
cannot be equitably divided or partitioned among the parties in interest, it must decree the
same to be sold, and make and issue all such orders as may be necessary to effect the sale
thereof, and appoint a suitable commissioner to make the sale; and the sale shall be conducted,
the purchase money collected, conveyance of the title made and all proceedings subsequent
to the sale conducted in every respect as is done when property in the hands of an executor
or administrator is to be distributed. (Code 1867, §3124; Code 1876, §3518; Code 1886, §3257;
Code 1896, §3182; Code 1907, §5226; Code 1923, §9326; Code 1940, T. 47, §214.)...
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43-2-622
Section 43-2-622 Orders of distribution - Oath; return; exceptions to report. (a) The persons
therein named, or a majority of them, must proceed to make distribution according to such
order, having first taken an oath to make such distribution fairly and impartially, if the
same can be made, which oath may be administered by the executor or administrator, and must
return their proceedings in writing, signed by them, to the court by the day specified in
such order. (b) If the property cannot be divided equitably without a sale of all or some
portion thereof, the commissioners must so report. (c) Any person may file exceptions to the
report of the commissioners within 30 days after the day appointed for the return or, if returned
at any time thereafter, within 30 days after the return. (Code 1852, §§1793-1795; Code 1867,
§§2120-2122; Code 1876, §§2497-2499; Code 1886, §§2163-2165; Code 1896, §§231-233;
Code 1907, §§2714-2716; Code 1923, §§5952-5954; Code 1940, T. 61,...
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6-9-143
Section 6-9-143 Liability of purchaser for not complying with terms of sale; form of action
against purchaser. (a) Any person who may become the purchaser of any real or personal estate
at any sale which may be made at public outcry by an executor, administrator or guardian or
by any sheriff or other officer under and by virtue of any execution or other legal process
and who shall fail or refuse to comply with the terms of such sale when requested so to do
shall be liable for the amount of such purchase money, and it shall be at the option of such
sheriff or other officer either to proceed against such purchaser for the full amount of the
purchase money or to resell such real or personal estate and then proceed against the first
purchaser for the deficiency arising from such sale. (b) The action provided for in subsection
(a) of this section may be commenced in the name of the sheriff or other officer making the
sale for the use of the plaintiff or defendant in execution or for any...
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