26-5-11
Section 26-5-11 Final settlement generally - Rendition and recordation of decree as to vouchers
and account; recordation of account and vouchers. After the examination of the vouchers and
the audit and statement of the account, the court must render a decree passing the same and
declaring the amount due the ward, if there be any amount due him or her, which must be entered
of record. The account and vouchers must be recorded. (Code 1886, §2463; Code 1896, §2348;
Code 1907, §4438; Code 1923, §8211; Code 1940, T. 21, §138.)...
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43-2-274
Section 43-2-274 Appointment of administrator after final settlement. After a final settlement,
there being personally not administered which requires an administrator for the proper disposition
thereof, the judge of probate of the proper county must proceed to appoint a suitable person
as administrator who shall give bond as required by law and administer the personal estate
of the decedent not already administered. (Code 1940, T. 61, §177.)...
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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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43-2-533
Section 43-2-533 Setting aside decree. If, however, such executor or administrator appears
and files his accounts and vouchers for settlement and pays such costs as have accrued upon
the proceedings had under sections 43-2-530 through 43-2-532, the court may set aside such
decree and proceed as if none had been rendered. (Code 1852, §1820; Code 1867, §2156; Code
1876, §2527; Code 1886, §2158; Code 1896, §226; Code 1907, §2689; Code 1923, §5922; Code
1940, T. 61, §319.)...
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43-2-270
Section 43-2-270 Filing and recordation of resignation. An executor or administrator may, by
a writing subscribed by him, resign; and his resignation must be filed and entered of record
in the court having jurisdiction of the administration. (Code 1852, §1718; Code 1867, §2039;
Code 1876, §2408; Code 1886, 2060; Code 1896, §107; Code 1907, §2576; Code 1923, §5799;
Code 1940, T. 61, §172.)...
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43-2-507
Section 43-2-507 Auditing of account; proof of credits. On the day appointed or any other day
to which the settlement is continued, the court must proceed to examine and audit the account;
and, on such auditing, the executor or administrator must produce satisfactory proof of the
correctness of each item on the credit side of the account which may be made by the affidavit
or oral examination of witnesses or by any other legal evidence. (Code 1852, §§1808-1810;
Code 1867, §§2143-2145; Code 1876, §§2515-2517; Code 1886, §2141; Code 1896, §209; Code
1907, §2674; Code 1923, §5907; Code 1940, T. 61, §302.)...
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43-2-254
Section 43-2-254 Enforcement of decree or judgment when administrator adversely interested.
When such administrator ad litem is appointed on account of the adverse interest of the executor
or administrator, and the decree or judgment is rendered against such executor or administrator,
no execution, writ of possession or other writ for the enforcement of the decree or judgment
shall issue thereon, but in such decree or judgment the court shall require the executor or
administrator to charge himself, as executor or administrator of the estate represented by
the administrator ad litem, with the money or property recovered of him by the administrator
ad litem; but when the decree or judgment is not against the executor or administrator, execution,
writ of possession, or other writ for the enforcement of the judgment or decree, shall issue
thereon in favor of such executor or administrator. (Code 1876, §2628; Code 1886, §2287;
Code 1896, §356; Code 1907, §2822; Code 1923, §6061; Code...
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43-8-51
Section 43-8-51 Controversy as to advancements - Discovery of advancements. Pending administration
of an estate, on the application of the executor or administrator, or someone interested in
the estate, to the probate court where the administration is, alleging on oath that an advancement
has been made by the decedent, and that the value of such advancement is not expressed in
any conveyance or receipt, within the applicant's knowledge, or in any charge made by the
decedent, the judge of probate must issue citation to the distributee or heir alleged to have
received such advancement, requiring him, within a specified time, not less than 30 nor more
than 60 days, to report on oath a list of the property received, the time when and the value
of the same when received, or to deny on oath having received any advancement from the decedent.
If the party alleged to have received the advancement is a nonresident of the state, notice
must be given by publication once a week for three successive...
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43-2-720
Section 43-2-720 When creditors may make nomination; who may be nominated. On the day appointed
for the settlement of the administration of an estate declared insolvent or on any day to
which the same is continued, the creditors present or represented may nominate to the court
any fit person, an inhabitant of this state, as administrator of the property, rights and
credits of such estate unadministered. (Code 1852, §1840; Code 1867, §2189; Code 1876, §2561;
Code 1886, §2231; Code 1896, §299; Code 1907, §2767; Code 1923, §6006; Code 1940, T. 61,
§393.)...
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43-2-771
Section 43-2-771 Decree. At such settlement, the court must decree to each creditor whose claim
has been allowed, as provided in this article, his proportion of all moneys then found due
from such executor or administrator, reserving in his hands a ratable proportion of such moneys
for such claims as may be then contested and undecided; and a similar settlement and distribution
must be made at least every six months thereafter, at such times as the court may appoint,
until the estate is finally settled and distributed. (Code 1852, §1857; Code 1867, §2206;
Code 1876, §2578; Code 1886, §2248; Code 1896, §316; Code 1907, §2789; Code 1923, §6028;
Code 1940, T. 61, §415.)...
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