43-2-318
Section 43-2-318 Exhibit showing condition of estate. Six months after his appointment, and at any time thereafter when required by the court, either upon its own motion or upon the application of any person interested in the estate, the executor or administrator must render, for the information of the court, an exhibit under oath, showing the amount of all claims presented against the estate, and the names of the claimants, and all other matters necessary to show the condition of its affairs. (Code 1923, §5810; Code 1940, T. 61, §197.)...
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43-2-746
Section 43-2-746 When claim allowed without further proof. If no opposition is made, in the manner provided in section 43-2-747, within six months after the time when the estate was declared insolvent, such claim must be allowed against the estate without further proof. (Code 1852, §1853; Code 1867, §2202; Code 1876, §2574; Code 1886, §2244; Code 1896, §312; Code 1907, §2780; Code 1923, §6019; Code 1940, T. 61, §406.)...
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43-2-330
Section 43-2-330 Authorization by probate court to keep estate together; term. The probate court may authorize the executor or administrator, on application made and good cause shown, to keep the real and personal estate, or any portion thereof, together for such length of time as the court may deem advisable, not exceeding 10 years, and employ laborers to cultivate, improve, keep in repair and carry on the plantation belonging to the estate. (Code 1852, §1902; Code 1867, §2263; Code 1876, §2602; Code 1886, §2210; Code 1896, §278; Code 1907, §2743; Code 1923, §5982; Code 1940, T. 61, §198.)...
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43-2-510
Section 43-2-510 Credit for expenses of minor distributees. (a) When the estate of a decedent is solvent, the executor or administrator, out of the assets in his hands, may defray the necessary and reasonable expenses of maintaining and educating minors who are entitled to distribution therein, and who have no legal guardian; and, upon any partial or final settlement by him, the probate court must allow him credit for such expenses. To the extent the expenses are not within the family allowance, the expenses shall be charged against the shares of such minors and deducted therefrom on any distribution of the estate. (b) An executor or administrator defraying such expenses must file with his account for a settlement a separate account of the amounts paid therefor on account of each of such minors accompanied by proper vouchers, showing the amounts and for what expended. (Code 1876, §§2644, 2645; Code 1886, §§2159, 2160; Code 1896, §§227, 288; Code 1907, §§2676, 2677; Code 1923,...
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43-2-581
Section 43-2-581 Application. The application for such purpose must be in writing, verified by affidavit; must set forth the applicant's claim and must allege a sufficiency of assets in the hands of such executor or administrator to pay the same after discharging the debts of the testator, charges on his estate and other legacies entitled to priority of payment. (Code 1852, §1773; Code 1867, §2099; Code 1876, §2476; Code 1886, §2193; Code 1896, §261; Code 1907, §2737; Code 1923, §5976; Code 1940, T. 61, §336.)...
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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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43-2-682
Section 43-2-682 Court may allow compensation or attorney's fees up to time of settlement. Upon any annual, partial or final settlement made by any administrator or executor, the court having jurisdiction thereof may fix, determine and allow the fees or other compensation to which any such administrator or executor is entitled from an estate up to the time of such settlement, and may also fix, determine and allow an attorney's fee or compensation, to be paid from such estate to attorneys representing such administrator or executor, for services rendered to the time of such settlement. (Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 61, §379.)...
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6-10-95
Section 6-10-95 Reduced homestead incapable of allotment - Sale - When allowed. The homestead of a decedent may be sold by order of the court having jurisdiction of the estate, on petition of executor or administrator, when the same, after being reduced to its lowest area, exceeds $6,000 in value and when it is necessary that the same be sold for the payment of debts because the remainder of the estate is insufficient to pay all debts and claims against the estate and the surviving spouse or minor children fail to pay the deficiency within 30 days after notice of said petition. (Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p. 1558, §1.)...
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40-1-4
Section 40-1-4 Lien for taxes - Preferred claim. When a taxpayer makes a general assignment of his property for the payment of his debts or is declared a bankrupt, or when dead and his estate is or becomes insolvent, any unpaid taxes assessed against him or against his estate shall be a preferred claim and shall be paid by the assignee, trustee, or personal representative out of the first money received by him belonging to the trust or estate. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §885.)...
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43-2-292
Section 43-2-292 Additional bond may be required; removal for default. An executor or administrator may also be required to give additional bond and, in default thereof, may be removed and his letters revoked, in the following cases: (1) When it is shown to the court by his sureties, or either of them, that he has become, or is likely to become, insolvent, and that they have sustained, or probably will sustain, loss thereby. (2) When his letters have been granted on insufficient security, or the security has become insufficient since the grant, or any of his sureties have died or have removed from the state. (3) When the penalty of the bond is not sufficient to secure the due performance of the trusts committed to him. (Code 1852, §1697; Code 1867, §2018; Code 1876, §2387; Code 1886, §2046; Code 1896, §93; Code 1907, §2567; Code 1923, §5790; Code 1940, T. 61, §180.)...
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