43-2-552
Section 43-2-552 Decree for balance - Generally. If there remains any act of administration
to be done, other than making settlement and distribution or payment of legacies, and there
is a remaining or succeeding executor or administrator, a decree must be rendered in his favor
for the amount found due on such settlement, and for the delivery of any personal property
in the hands of the executor or administrator whose authority has ceased or, if dead, of his
personal representative; but if more than six months have elapsed from the original grant
of letters and there remains no other act of administration to be done than making distribution
or payment of legacies, and the estate is solvent, the court must at once proceed to decree
distribution or payment of legacies directly to those entitled; or, if in the case last mentioned,
there are money assets in the hands of the outgoing executor or administrator, or, if dead,
of his personal representative, in excess of a sum sufficient for...
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43-2-661
Section 43-2-661 Petition to establish presumption. An executor, administrator or surety on
the bond of the executor or administrator of said estate, or the heirs or next of kin of such
executor, administrator or surety may file a petition or complaint, verified by affidavits,
in the court in which such a cause is pending, alleging the existence of the facts that raise
the presumptions stated in section 43-2-660, and, upon the filing of such petition or complaint
and giving security for costs of the proceeding, the court must appoint a day for the hearing
of such petition or complaint and must give notice of the same by publication in some newspaper
published in the county for three successive weeks or, if none is published in the county,
by posting such notice at the courthouse and three other public places in such county for
the same length of time; and the court must also give 10 days' notice to every adult distributee
resident in the state and to all sureties on the bond of the...
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26-5-15
Section 26-5-15 Notice of filing of annual, partial, or final settlement; finality of orders
or decrees of court as to such settlement, etc., generally; reopening of accounts. Whenever
any conservator shall file any annual, partial, or final settlement in any court having jurisdiction
thereof, the court shall, at the request of such conservator, require that notice thereof
be given in the same manner as required by law in cases of final settlements. Any order or
decree of the court on such settlement after such notice shall be final and conclusive as
to all items of receipts and disbursements and other transactions and matters shown therein
and as to all fees and compensation fixed or allowed to such conservator and attorney, and
appeals therefrom shall and must be taken in the manner provided for from any other final
decrees of such court. Thereafter, at any time prior to final settlement, the account may
be reopened by the court on motion or petition of the conservator or ward or...
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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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43-2-664
Section 43-2-664 Order after hearing. Should the court find the allegations of the petition
or complaint to be true, it shall enter an order, decree or judgment in said cause discharging
the executor or the administrator and the sureties on their official bonds from all liability
growing out of the administration of said estate. Should it find otherwise, the court shall
dismiss the petition or complaint. (Acts 1953, No. 687, p. 939, §6.)...
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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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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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43-2-338
Section 43-2-338 Annual settlements. (a) The executor or administrator must make annual settlements
of such estates, as required in other cases, and in such settlements he must show how such
estate has been managed, crops made, expenses incurred and the disposition of all moneys received;
and he must also show the amounts appropriated and expended for each and every person entitled
to any distribution from such estate. (b) The accounts and vouchers, evidence and statement
of the heirs and legatees must be filed, notice given and contest made, in the same manner
as on annual settlements in other cases. (c) Such settlement may be compelled by attachment,
or the probate court may proceed in the same manner as in other cases, when an executor or
administrator, being cited to make a settlement, fails to do so. (Code 1852, §§1905-1908;
Code 1867, §§2269-2272; Code 1876, §§2609-2612; Code 1886, §§2218-2220; Code 1896, §§286-288;
Code 1907, §§2751-2753; Code 1923, §§5990-5992;...
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45-44-84.21
Section 45-44-84.21 Schedule of fees. (a) In Macon County the judge of probate, in lieu of
the fees prescribed by the general law for the following services, shall charge and collect
for such services the following fees: (1) Probate of will of not more than five pages, whether
contested or not, with three copies of letters and including partial or final settlement when
not more than 10 pages. An additional charge of one dollar fifty cents ($1.50) per page for
will over five pages in length and for partial or final settlements in excess of 10 pages
in length shall be made $50 (2) Grant of letters of administration with three certified copies
of letters of administration $30 (3) Final settlement of administration of an estate when
not more than 10 pages when over 10 pages an additional charge of $1.50 per page $30 (4) Partial
or final settlement of guardianship $30 (5) Each additional certified copy of letters testamentary,
letters of administration, or letters of guardianship $ 2 (6)...
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45-6-82.20
Section 45-6-82.20 Fees. (a) In Bullock County, the judge of probate shall, in lieu of the
fees prescribed by the general law for the following services, charge and collect for his
or her services the following fees: (1) Probate of will of not more than five pages, whether
contested or not, with three copies of letters and including partial or final settlement when
not more than 10 pages. An additional charge of one dollar and fifty cents ($1.50) per page
for a will over five pages in length and for partial or final settlements in excess of 10
pages in length shall be made. ... $50 (2) Granting of Letters of Administration with three
certified copies of Letters of Administration. ... $50 (3) Final settlement of administration
of an estate when not more than 10 pages. When over 10 pages, an additional charge of one
dollar and fifty cents ($1.50) per page. ... $50 (4) Partial or final settlement of guardianship.
......
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