43-2-457
Section 43-2-457 How purchase money secured. The executor or administrator must secure the
purchase money by taking notes or bonds of the purchaser, with sufficient sureties, or taking
a purchase money mortgage. (Code 1852, §1763; Code 1867, §2089; Code 1876, §2461; Code
1886, §2117; Code 1896, §171; Code 1907, §2635; Code 1923, §5865; Code 1940, T. 61, §259.)...

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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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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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43-2-112
Section 43-2-112 Executor or administrator of decedent who wasted or converted another decedent's
assets. The executor or administrator of any decedent who, as executor, administrator or otherwise,
has wasted or converted to his own use any assets of any other decedent is liable in the same
manner as his testator or intestate would have been if living. (Code 1852, §1928; Code 1867,
§2287; Code 1876, §2631; Code 1886, §2268; Code 1896, §336; Code 1907, §2797; Code 1923,
§6036; Code 1940, T. 61, §113.)...
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43-2-271
Section 43-2-271 Liability for assets upon resignation. In case of resignation, the executor
or administrator and his sureties are bound for all the assets not administered, which have
not been delivered over to his successor. (Code 1852, §1719; Code 1867, §2040; Code 1876,
§2409; Code 1886, §2061; Code 1896, §108; Code 1907, §2577; Code 1923, §5800; Code 1940,
T. 61, §173.)...
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43-2-139
Section 43-2-139 Inventory as evidence. In an action against an executor or administrator,
in which the fact of his having administered the estate of his testator or intestate, or any
part thereof, comes in issue, and the inventory of the property of the deceased, filed by
him, is given in evidence, the effect of the same may be repelled by evidence: (1) That any
property has been omitted in such inventory, or was not returned therein at its full value,
or since the filing thereof has increased in value; or (2) That such property has perished,
or been lost without the fault of such executor or administrator, or that it has been fairly
sold, according to law, at a less price than the value so returned, or that, since the return
of the inventory, such property has deteriorated or decreased in value; and in such action
the defendant cannot be charged for anything in action specified in the inventory, unless
it appears that it was, or might have been, collected by the exercise of due...
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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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43-2-415
Section 43-2-415 Terms of sale. Such sale may be for cash or on credit not exceeding 12 months,
as the court may direct; and if on credit, notes or bonds, with at least two sufficient sureties,
must be taken by the executor or administrator. (Code 1852, §§1748, 1752; Code 1867, §§2072,
2077; Code 1876, §§2438, 2444; Code 1886, §2097; Code 1896, §147; Code 1907, §2611; Code
1923, §5838; Code 1940, T. 61, §233.)...
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43-2-503
Section 43-2-503 Filing of account, etc. - Liability for failure to file statement. If such
statement is not filed, the executor or administrator and his sureties are liable for all
damages arising therefrom. (Code 1852, §1804; Code 1867, §2139; Code 1876, §2511; Code
1886; §2136; Code 1896, §204; Code 1907, §2669; Code 1923, §5902; Code 1940, T. 61, §296.)...

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43-2-640
Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator.
When the executor or administrator is satisfied that the estate is solvent, he may, after
six months from the date of the grant of letters testamentary or of administration, make distribution
of the whole or any part of the property without obtaining an order of court, or he may so
report it and obtain an order of distribution as to the whole, or any part of the property;
but, in such case, if the distribution or the order is made before a final settlement of such
estate, neither the distribution, the order, nor the proceedings thereon are a defense in
any action brought against such executor or administrator as such. (Code 1852, §1771; Code
1867, §2097; Code 1876, §2474; Code 1886, §2191; Code 1896, §259; Code 1907, §2724; Code
1923, §5963; Code 1940, T. 61, §365; Acts 1949, No. 614, p. 945.)...
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