43-2-697.01
administrator; fees. (a) The Medicaid Agency may petition to open the probate estate of a Medicaid
recipient by filing a petition to appoint a third party administrator and issue letters of
administration, pursuant to the timing limitations of Section 43-2-43. (b) The petition shall
contain all of the following information: (1) The date the recipient died. (2) An explanation
of why the petition is filed in the proper court in accordance with Section 43-2-40. (3) A
listing of the recipient's personal and real property of which the Medicaid Agency
is aware. (4) A listing of the recipient's debts of which the agency is aware. (5) A listing
of the recipient's possible heirs, including contact information, if known, of which the agency
is aware. (c) If the Medicaid Agency is not aware of information listed in subsection (b),
the agency shall describe each piece of information that it lacks. (d) If the petition contains
the information required in subsection (b), or statements in accordance...
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43-2-558
Section 43-2-558 Setting aside decree. If, however, such executor or administrator or, if dead,
his personal representative or, in event of his removal from the state, his sureties
appear and file his accounts and vouchers for settlement and pay such costs as have accrued
upon the proceedings had under sections 43-2-555 through 43-2-557, the court may set aside
such decree and proceed as if none had been rendered. (Code 1886, §2181; Code 1896, §249;
Code 1907, §2700; Acts 1923, No. 492, p. 655; Code 1923, §5933; Code 1940, T. 61, §328.)...

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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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43-2-272
Section 43-2-272 Duty of probate court to grant letters of administration upon vacancy. (a)
If the sole executor or all the executors die, resign or are removed, the probate court having
jurisdiction of the estate must grant letters of administration, with will annexed, to the
person entitled thereto under section 43-2-27. (b) If an administrator dies, resigns or is
removed, the probate court having jurisdiction of the estate must grant letters of administration
of the goods and chattels, rights and credits, unadministered, to the person entitled thereto,
as in cases of intestacy. (Code 1852, §1720; Code 1867, §2043; Code 1876, §2412; Code 1886,
§2064; Code 1896, §111; Code 1907, §2533; Code 1923, §5755; Code 1940, T. 61, §175.)...

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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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26-5-50
Section 26-5-50 Filing of account and vouchers for final settlement with succeeding conservator,
etc., by sureties on bond of conservator. In case of the death of a conservator who has not
made a final settlement of his or her conservatorship and when there shall have not been granted
letters of administration or testamentary on his or her estate, the sureties on his or her
official bond may proceed to make settlement of his or her administration of the estate as
conservator in the probate court having jurisdiction thereof by filing an account and vouchers
for final settlement with the succeeding conservator or cestui que trust or minors and guardian
ad litem where minors are interested. (Code 1923, §5935; Code 1940, T. 21, §155; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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27-24-2
Section 27-24-2 Sole surety - Corporations. Except as provided in Section 27-24-4, whenever
any person or corporation is, or may be, required or permitted to execute bond or other undertaking,
of whatsoever nature, with surety, or sureties, for the faithful discharge or performance
of the duties of any state, county, municipal, precinct, township, district, or corporate
office or position or of any position of public or private trust or employment for the faithful
discharge or performance of any duty or for the doing or not doing of anything in such bond
or undertaking specified or when any person or corporation is required or permitted to execute
any bond or other undertaking, of whatsoever nature, with surety or sureties, in any judicial
proceeding or as guardian, executor, administrator, receiver, assignee, or trustee, the court,
officer, or person having authority or charged with the duty of approving such bond or undertaking
may, if such bond or undertaking is otherwise...
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43-2-332
Section 43-2-332 When distributed share kept and worked with undivided portion of estate. When
a share or shares of real or personal property of any decedent is or are set apart
or distributed to any widow, heir at law or distributee of such decedent, and it appears to
the satisfaction of the court that it is to the interest of the parties interested in the
estate that such share or shares should be kept and worked together with such estate remaining
undivided, the probate court, upon the application of the executor or administrator, and of
the owner or owners of such share or shares, may order the executor or administrator to keep
such share or shares, and work the same, together with the estate remaining undivided, for
a term not exceeding 10 years; but such order must not be granted, if in conflict with the
will of the testator. (Code 1867, §2264; Code 1876, §2604; Code 1886, §2212; Code 1896,
§280; Code 1907, §2745; Code 1923, §5984; Code 1940, T. 61, §200.)...
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43-2-410
Section 43-2-410 Power of sale conferred. Any part of the personal property of a decedent,
including land warrants and choses in action, may be sold only by order of the court, on the
written application of the executor or administrator, verified by affidavit, in the following
cases, unless, in such cases, power to sell is conferred by the will: (1) For the payment
of debts. (2) To make distribution among the distributees or legatees. (3) To prevent the
waste or destruction of property liable to waste, or of a perishable nature, if it is proved
that the sale would be beneficial to the estate. (Code 1852, §1743; Code 1867, §2067; Code
1876, §2433; Code 1886, §2092; Code 1896, §142; Code 1907, §2606; Code 1923, §5832; Code
1940, T. 61, §228.)...
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43-2-450
Section 43-2-450 Order of sale for payment of debts. On the hearing of such application, and
when the application is by an executor or administrator with the will annexed, that no power
is given by the will for that purpose, the court may direct the sale of all, or such portion
of the real estate as may be necessary to pay the debts; and such sale may be had on such
credit as the court may direct, not exceeding two years. (Code 1852, §1760; Code 1867, §2086;
Code 1876, §2456; Code 1886, §2112; Code 1896, §165; Code 1907, §2629; Code 1923, §5858;
Code 1940, T. 61, §253; Acts 1984, No. 84-258, p. 426, §1.)...
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