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43-2-272
Section 43-2-272 Duty of probate court to grant letters of administration upon vacancy. (a)
If the sole executor or all the executors die, resign or are removed, the probate court having
jurisdiction of the estate must grant letters of administration, with will annexed, to the
person entitled thereto under section 43-2-27. (b) If an administrator dies, resigns or is
removed, the probate court having jurisdiction of the estate must grant letters of administration
of the goods and chattels, rights and credits, unadministered, to the person entitled thereto,
as in cases of intestacy. (Code 1852, §1720; Code 1867, §2043; Code 1876, §2412; Code 1886,
§2064; Code 1896, §111; Code 1907, §2533; Code 1923, §5755; Code 1940, T. 61, §175.)...
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6-10-106
Section 6-10-106 Proceedings to set aside exemptions when husband, wife, or parent absent seven
years and residence not ascertainable - Generally. (a) When the real and personal property
owned by an absent husband, wife, or parent who has not been heard from and whose residence
has been unknown for seven years and whose residence cannot be ascertained by diligent inquiry
does not exceed in amount and value the exemptions allowed in favor of his or her surviving
spouse and minor child or children, or either, the probate court of the county in which he
or she resided before leaving his or her spouse or children, upon the application of the deserted
spouse or, if there is no spouse or he or she does not act, upon the application of the guardian
or of a suitable person who shall be appointed by the judge of probate as next friend of such
minor children, verified by oath and setting forth such facts, must appoint two commissioners,
who shall make a full and complete inventory and...
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11-41-28
Section 11-41-28 Fee of probate judge. The probate judge shall be entitled to $5.00 for services
rendered under this article, to be paid by the person or persons filing the petition. (Acts
1919, No. 517, p. 739; Code 1923, §2334; Code 1940, T. 37, §25.)...
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12-17-227.6
Section 12-17-227.6 (Effective November 8, 2016, subject to contingencies) Payments from plan;
optional allowances; replacement beneficiaries. (a) Should a member cease to be a district
attorney except by death or by retirement under the provisions of this division, the contributions
standing to the credit of his or her individual account in the fund shall be paid to him or
her upon demand and, in addition to such payment, there shall be paid five-tenths of the interest
accumulations standing to the credit of his or her individual account if he or she shall have
not less than three but less than 16 years of membership service, six-tenths of such interest
accumulations if he or she shall have not less than 16 but less than 21 years of membership
service, seven-tenths of such interest accumulations if he or she shall have not less than
21 but less than 26 years of membership service and eight-tenths of such interest accumulations
if he or she shall have not less than 26 years of...
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40-6-3
Section 40-6-3 Life tenure; compensation; cost-of-living increase. (a) Every supernumerary
official shall serve for life and shall receive from the county governing body, in equal monthly
installments on the first of each month, or in such installments as other county officials
or employees are paid, an annual salary as follows: (1) For 12 years' service the official
shall receive 60 percent of the average compensation during the last four years served as
an official charged with assessing and collecting ad valorem taxes. (2) For 14 years' service
the official shall receive 65 percent of the average compensation. (3) For 16 years the official
shall receive 70 percent of the average compensation. (4) For 18 or more years the official
shall receive 75 percent of the average compensation; provided, however, no person shall receive
more than forty-nine thousand six hundred dollars ($49,600) per year. The county governing
body may, by majority vote of the membership, elect to increase or...
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43-2-421
Section 43-2-421 Stock in trade. (a) When any person engaged in mercantile business dies, leaving
a stock of goods, wares and merchandise, and leaving no surviving partner in such business,
the executor or administrator of his estate may sell such stock or goods, wares or merchandise,
either at public or private sale, by wholesale or retail, upon first obtaining an order for
such sale, as provided in subsection (b) of this section, from the probate court having jurisdiction
of the estate. (b) To obtain such order, the executor or administrator must file in such court
an application in writing, verified by his oath, setting forth with reasonable certainty the
kind, quantity and estimated value of such goods, wares or merchandise, and any facts or circumstances
that may render it necessary or expedient to sell the same; and if it should appear to the
court that it would benefit those interested in the estate that such order should be made,
the court must make the same, and may, in its...
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45-37A-51.11
or police officer who has not executed within the time hereinafter specified an instrument
which shall provide that in the event of his or her death the board of managers of this supplemental
pension system shall receive the return of any contributions made by him or her to this supplemental
pension system and to the general retirement and relief system created by Act 929, which if
he or she had not executed the instrument would be returnable to his or her severance nominee,
his or her personal representative, his or her spouse, children, father, mother, sisters
or brothers of the deceased, or to any other person. (2) To render this section applicable,
firefighters and police officers who have accumulated as much as five years of credited service
under Act 929 may execute the instrument at any time within 90 days from the date on which
this subsection becomes effective; and firefighters or police officers who have not accumulated
as much as five years of credited service on the...
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7-8-107
(a) "Appropriate person" means: (1) with respect to an indorsement, the person specified
by a security certificate or by an effective special indorsement to be entitled to the security;
(2) with respect to an instruction, the registered owner of an uncertificated security; (3)
with respect to an entitlement order, the entitlement holder; (4) if the person designated
in paragraph (1), (2), or (3) is deceased, the designated person's successor taking under
other law or the designated person's personal representative acting for the estate
of the decedent; or (5) if the person designated in paragraph (1), (2), or (3) lacks capacity,
the designated person's guardian, conservator, or other similar representative who has power
under other law to transfer the security or financial asset. (b) An indorsement, instruction,
or entitlement order is effective if: (1) it is made by the appropriate person; (2) it is
made by a person who has power under the law of agency to transfer the security or...
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35-11-44
Section 35-11-44 Place of filing. (a) Notices of liens, certificates, and other notices affecting
federal tax liens or other federal liens must be filed in accordance with this division. (b)
Notices of federal liens upon real property for obligations payable to the United States and
certificates and notices affecting the liens shall be filed in the office of the judge of
probate of the county in which the real property subject to the liens is situated. (c) Notices
of federal liens upon personal property, whether tangible or intangible, for obligations
payable to the United States and certificates and notices affecting the liens shall be filed
as follows: (1) If the person against whose interest the lien applies is a corporation or
a partnership whose principal executive office is in this state, as those entities are defined
in the internal revenue laws of the United States, in the office of the Secretary of State;
(2) If the person against whose interest the lien applies is a trust...
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41-9-80.2
Section 41-9-80.2 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. As used in this division,
the following terms shall have the following meanings: (1) CONVICTED INDIVIDUAL. An individual
convicted of a specified crime or a representative of the individual. (2) EARNED INCOME. Income
derived from an individual's own labor or active participation in a business. The term does
not include income from dividends or investments. (3) FUNDS OF A CONVICTED INDIVIDUAL. Funds
and property received from any source by a convicted individual. The term includes funds that
a superintendent, sheriff, municipal official, or other correctional official receives on
behalf of a convicted individual and deposits into the individual's inmate or prisoner account
to the credit of the individual. The term does not include funds from child support payments
and earned income, except any income defined as profits...
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