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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43-2-514
Section 43-2-514 Contest of account - Reduction or disallowance of item. If any item as charged
by the executor or administrator is reduced or not allowed, the costs of the contest in relation
to such item must be paid by the executor or administrator, otherwise, by the party contesting.
(Code 1852, §1814; Code 1867, §2149; Code 1876, §2521; Code 1886, §2145; Code 1896, §213;
Code 1907, §2681; Code 1923, §5914; Code 1940, T. 61, §310.)...
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43-2-649
Section 43-2-649 Costs. If any application made under the provisions of this division is determined
against the applicant, he must pay the costs. (Code 1852, §1783; Code 1867, §2110; Code
1876, §2487; Code 1886, §2204; Code 1896, §272; Code 1907, §2730; Code 1923, §5969; Code
1940, T. 61, §371.)...
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43-2-661
Section 43-2-661 Petition to establish presumption. An executor, administrator or surety on
the bond of the executor or administrator of said estate, or the heirs or next of kin of such
executor, administrator or surety may file a petition or complaint, verified by affidavits,
in the court in which such a cause is pending, alleging the existence of the facts that raise
the presumptions stated in section 43-2-660, and, upon the filing of such petition or complaint
and giving security for costs of the proceeding, the court must appoint a day for the hearing
of such petition or complaint and must give notice of the same by publication in some newspaper
published in the county for three successive weeks or, if none is published in the county,
by posting such notice at the courthouse and three other public places in such county for
the same length of time; and the court must also give 10 days' notice to every adult distributee
resident in the state and to all sureties on the bond of the...
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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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43-2-83
Section 43-2-83 Discharge of surety; new bond. (a) Upon the application in writing of any surety
or sureties upon the bond of an executor or administrator requesting to be discharged from
any future liability as such surety or sureties, or upon the application in writing of the
personal representative or of an heir or devisee of a deceased surety upon such bond requesting
that the estate of such deceased surety be discharged from future liability by reason of such
suretyship, the court shall give to such executor or administrator notice of such application
and require him, within 15 days after the service of the notice, to make a new bond; and upon
the failure to make such bond, such executor or administrator shall be removed and his letters
revoked; and upon such removal he shall make settlement of his administration. Any number
of persons having the right to make application under this section may join in the application.
(b) When a new bond is given under subsection (a) of this...
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18-2-11
Section 18-2-11 Persons permitted to contest application. In all applications under this chapter,
any person making affidavit that he is interested against the same and giving security for
the costs, if he fails to defeat such application, must, at any time before such application
is granted, be permitted to make himself a party and to contest the application. (Code 1852,
§2110; Code 1867, §2502; Code 1876, §3576; Code 1886, §3202; Code 1896, §1744; Code 1907,
§3905; Code 1923, §7524; Code 1940, T. 19, §50.)...
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26-5-8
Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. The conservator, or his or her personal representative,
must file in the court of probate a full account of the conservatorship, accompanied by the
vouchers and verified by affidavit. Upon the filing of such account and vouchers, the court
must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise
incapacitated. (Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208;
Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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35-2-50
Section 35-2-50 Survey required; what plat or map must show. Any person, or his administrator,
executor or guardian, desiring to subdivide his lands into lots shall cause the same to be
surveyed by a competent surveyor, if not already surveyed, and shall cause a plat or map thereof
to be made, showing the subdivisions into which it is proposed to divide the same, giving
the length and bearings of the boundaries of each lot and its number; and, if it is the purpose
of the owner to divide the lands into town lots, such plat or map shall show the streets,
alleys, and public grounds and give the bearings, length, width, and name of each street,
as well as the number of each lot and block. Such plat or map must show the relation of the
lands so platted or mapped to the government survey. (Code 1896, §3899; Code 1907, §6028;
Code 1923, §10357; Code 1940, T. 56, §12.)...
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43-2-213
Section 43-2-213 Plaintiff required to prove compliance with section 43-2-211. Before a judgment
is rendered in a civil action brought by such foreign executor or administrator, the plaintiff
must prove that he has complied in all respects with the provisions of section 43-2-211, and,
failing to do so, he cannot recover. (Code 1852, §1935; Code 1867, §2294; Code 1876, §2638;
Code 1886, §2292; Code 1896, §361; Code 1907, §2827; Code 1923, §6066; Code 1940, T. 61,
§153.)...
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