43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives - Generally. All judgments, orders, and decrees of the probate court against an executor or administrator for the payment of money may be enforced by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgments in circuit courts, and may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of personal property, by attachment or a special order to the sheriff, requiring him to take such property and deliver the same according to the judgment, order or decree; for the possession of land, by a writ to the sheriff against the executor or administrator, requiring him to put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280; Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051; Code 1940, T. 61, §128.)...
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43-2-740
Section 43-2-740 Time and manner of filing claims - Generally. Every person having any claim against the estate declared insolvent must file the same in the office of the judge of probate as provided by subsection (b) of section 43-2-350. Any defect or insufficiency in the affidavit may be supplied by amendment at any time. And when, prior to the declaration of insolvency, a claim has been filed in the office of the judge of probate, as required by said section, such claim shall be considered as duly filed under this section. (Code 1852, §1847; Code 1867, §2196; Code 1876, §2568; Code 1886, §2238; Code 1896, §306; Code 1907, §2774; Code 1923, §6013; Acts 1931, No. 721, p. 839; Code 1940, T. 61, §400.)...
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43-2-751
Section 43-2-751 Action by creditor to recover dividend. (a) Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend of such estate and may recover from him such an amount of the dividend he has received as shall be in the same proportion thereto as the claim of the plaintiff bears to the debts of the estate distributed, including the claim of the plaintiff. (b) But, in such action, the defendant may reduce the recovery, by showing that such dividend has been reduced by the recovery or payment of the claims of other creditors of such estate in the like proportion. (c) In such action, the plaintiff must pay the costs, unless he proves that he has exhibited his claim and demanded of the defendant his proportion of the dividend received by him before the commencement of the action. (Code 1852, §§1864-1866; Code 1867, §§2213-2215; Code 1876, §§2585-2587; Code 1886, §§2255-2257; Code 1896, §§323-325;...
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6-6-225
Section 6-6-225 Questions on administration of trust or estate of a decedent, etc. Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, infant, incompetent, or insolvent may have a declaration of rights or legal relations in respect thereto: (1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or other; (2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or (3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §159.)...
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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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43-2-706
Section 43-2-706 Payment of costs. If such issue is decided against the executor or administrator, the report must be dismissed, and execution for the costs may issue against him and his sureties; but if it is decided in his favor, the costs must be paid by the contesting creditor, or parties interested in the estate, or out of the estate, as the court may direct. (Code 1852, §§1835, 1836; Code 1867, §§2184, 2185; Code 1876, §§2556, 2557; Code 1886, §2229; Code 1896, §297; Code 1907, §2762; Code 1923, §6001; Code 1940, T. 61, §388.)...
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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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43-2-647
Section 43-2-647 Refunding bonds - Bond stands as security; action on bond. (a) Such refunding bond stands as security for the executor or administrator, should the assets in his hands, after any payment of money or delivery of property under the order of the court, prove insufficient to pay the debts, claims and charges against the estate, and the executor or administrator pays the same; and also as security for the creditors of the estate; and any creditor may bring a civil action thereon. (b) The extent of the recoveries on such bond is the amount or value of the property received by the legatee or distributee and interest on such amount or value from the date of its receipt; and the value of property received may be proved by the entry of record, made according to the provisions of this division or other evidence; and civil actions may be brought on such bond from time to time in the name of any person aggrieved until the whole amount of the liability, as determined by this...
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43-2-708
Section 43-2-708 Second declaration by succeeding administrator not necessary. An estate of a decedent having once been declared insolvent, it shall not be necessary for any succeeding administrator to apply for or obtain a declaration or decree of insolvency; but a declaration of insolvency once had, and remaining unreversed, shall continue and apply to and be effectual under all subsequent administrations, as if obtained under each of them. (Code 1867, §4424; Code 1876, §2589; Code 1886, §2261; Code 1896, §329; Code 1907, §2766; Code 1923, §6005; Code 1940, T. 61, §392.)...
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43-2-811
Section 43-2-811 Special plea of insolvency. The executor or administrator may, at any time before judgment, plead specially that the estate has been declared insolvent; and, in such case, the other issues must be tried and judgment entered thereon. (Code 1852, §1859; Code 1867, §2208; Code 1876, §2580; Code 1886, §2250; Code 1896, §318; Code 1907, §2794; Code 1923, §6033; Code 1940, T. 61, §420.)...
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