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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43-2-622
Section 43-2-622 Orders of distribution - Oath; return; exceptions to report. (a) The persons
therein named, or a majority of them, must proceed to make distribution according to such
order, having first taken an oath to make such distribution fairly and impartially, if the
same can be made, which oath may be administered by the executor or administrator, and must
return their proceedings in writing, signed by them, to the court by the day specified in
such order. (b) If the property cannot be divided equitably without a sale of all or some
portion thereof, the commissioners must so report. (c) Any person may file exceptions to the
report of the commissioners within 30 days after the day appointed for the return or, if returned
at any time thereafter, within 30 days after the return. (Code 1852, §§1793-1795; Code 1867,
§§2120-2122; Code 1876, §§2497-2499; Code 1886, §§2163-2165; Code 1896, §§231-233;
Code 1907, §§2714-2716; Code 1923, §§5952-5954; Code 1940, T. 61,...
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19-3-33
Section 19-3-33 Objections to claims - Time for hearing; notice. Within 30 days after the expiration
of the time allowed for filing objections to claims, the register or clerk must appoint a
time, not less than 20 nor more than 60 days thereafter, for the hearing of such objections
as have been filed; and of the nature of the objections and the time appointed for such hearing,
he must give notice to each person whose claim is contested, by citation to be served upon
him, his agent or attorney, or, if he be a nonresident and have no resident agent or attorney,
such citation must be sent by mail, postage prepaid, to such claimant at his post office address.
(Code 1896, §4165; Code 1907, §6067; Code 1923, §10404; Code 1940, T. 58, §21.)...
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35-6-113
Section 35-6-113 Notice. Notice of such application, and of the day appointed for its hearing,
must be issued by the judge of probate to the parties in interest who are residents of this
state, which must be served on them at least five days before the day appointed for the hearing;
and if any of the parties in interest are nonresidents, such notice must be given by publication,
once a week for three successive weeks, in some newspaper published in the county, or if no
newspaper is published therein, then in one that is published in an adjoining county, a copy
of which shall be mailed by the judge of probate, and directed to such nonresidents at their
post offices, if the same are known, or can be ascertained by reasonable effort. (Code 1876,
§3523; Code 1886, §3266; Code 1896, §3191; Code 1907, §5237; Code 1928, §9341; Code 1940,
T. 47, §234.)...
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42-2-5
Section 42-2-5 Failure of owner to appear at hearing. If the owner does not appear on the hearing
of the application, the court must hear the same and, if the application is granted, must
appoint commissioners as herein provided for, and thereafter the same proceedings shall be
had as if such owner had appeared. (Code 1907, §2418; Code 1923, §3152; Code 1940, T. 59,
§8.)...
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43-2-532
Section 43-2-532 Proceedings on settlement of account. On the day appointed for auditing such
account, any person may attend on the part of such executor or administrator and show that
he is entitled to additional credits; and any person interested may attend and contest any
item of such account or in any previous account, or may show assets not accounted for, or
that such executor or administrator has failed to collect any assets from want of due diligence,
or that, by any abuse of, or failure to discharge his trust, such assets or any portion thereof
have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator
must be charged therewith; and, upon such settlements, decrees must be rendered as upon settlements
voluntarily made. (Code 1886, §2157; Code 1896, §225; Code 1907, §2688; Code 1923, §5921;
Code 1940, T. 61, §318.)...
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43-2-551
Section 43-2-551 Making succeeding executor or administrator party to settlement. The remaining
or succeeding executor or administrator of the estate of the decedent, if there be one, must
be made a party to such settlement and, if a resident of this state, must have personal notice
of the time of making the same served on him at least 10 days before the day appointed therefor.
(Code 1867, §2166; Code 1876, §2538; Code 1886, §2174; Code 1896, §242; Code 1907, §2693;
Code 1923, §5926; Code 1940, T. 61, §321.)...
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43-2-557
Section 43-2-557 Proceedings on final settlement of account. On the day appointed for auditing
such account, any person may attend on the part of such executor or administrator or, if dead,
of his personal representative or, in case of his removal from the state, his sureties and
show that he is entitled to additional credits; and any person interested may attend and contest
any item of such account or in any previous account, or may show assets not accounted for,
or that such executor or administrator has failed to collect any assets from want of due diligence,
or that, by any abuse of or failure to discharge his trust, such assets, or any portion thereof,
have been injured, destroyed or depreciated; and, in case of such proof, the executor or administrator
or, if dead, his personal representative or, in case of his removal from the state, his sureties
must be charged therewith. On such settlements, decrees must be rendered as upon like settlements
voluntarily made. (Code 1852,...
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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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43-2-771
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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