19-5-1
Section 19-5-1 Definitions. For purposes of this chapter unless the context otherwise requires,
the following terms mean: (1) FIDUCIARY. Includes a personal representative or trustee. (2)
PERSONAL REPRESENTATIVE. An executor, administrator, special administrator, or a person who
performs substantially the same function under the law governing the person's status, and
a successor to any of the above. (3) TRUST. Any express trust, with additions thereto, wherever
and however created, or any separate share of a trust, and includes any arrangement, other
than an estate, which, although not a trust, has substantially the same effect as a trust.
(4) TRUSTEE. An original, additional, or successor trustee, whether or not appointed or confirmed
by a court, and, in the case of an arrangement which is not a trust but which is treated as
a trust for purposes of the GST, includes the person in actual or constructive possession
of the property subject to such arrangement. (5) INTERNAL REVENUE CODE....
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43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
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43-2-253
Section 43-2-253 Enforcement of decree or judgment for recovery of property. When such decree
or judgment is for the recovery of real or personal property and the estate has no executor
or administrator, no writ of possession or other writ for the enforcement of such decree or
judgment shall issue thereon until there shall be some person duly authorized under the laws
of this state to receive the possession of such property, and then such writ shall issue in
favor of such person. (Code 1876, §2627; Code 1886, §2286; Code 1896, §355; Code 1907,
§2821; Code 1923, §6060; Code 1940, T. 61, §168.)...
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43-2-720
Section 43-2-720 When creditors may make nomination; who may be nominated. On the day appointed
for the settlement of the administration of an estate declared insolvent or on any day to
which the same is continued, the creditors present or represented may nominate to the court
any fit person, an inhabitant of this state, as administrator of the property, rights and
credits of such estate unadministered. (Code 1852, §1840; Code 1867, §2189; Code 1876, §2561;
Code 1886, §2231; Code 1896, §299; Code 1907, §2767; Code 1923, §6006; Code 1940, T. 61,
§393.)...
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43-2-812
Section 43-2-812 Judgment certified to probate court; execution for costs. If such judgment
is for the plaintiff, and it is shown to the court that such estate has been declared insolvent,
an order must be made to the effect that no execution issue on such judgment, but that the
same be certified to the proper probate court. Upon a certified copy of such judgment being
filed as a claim against the estate, it must be allowed with the costs against such estate,
unless shown to have been obtained by collusion; and when such judgment is certified, the
clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If
the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution
may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209;
Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034;
Code 1940, T. 61, §421.)...
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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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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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27-42-18
Section 27-42-18 Stay of proceedings; access of board to records of insurers. All proceedings
in which the insolvent insurer is a party or is obligated to defend a party in any court in
this state shall be stayed for up to six months and such additional time thereafter as may
be determined by the court from the date the insolvency is determined or an ancillary proceeding
is instituted in the state, whichever is later, to permit proper defense by the association
of all pending causes of action as to any covered claims arising from a judgment under any
decision, verdict, or finding based on the default of the insolvent insurer or its failure
to defend an insured, the association either on its own behalf or on behalf of such insured
may apply to have such judgment, order, or administrator that made such judgment, order, decision,
verdict, or finding and shall be permitted to defend such claim on the merits. The liquidator,
receiver, or statutory successor of an insolvent insurer covered...
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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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12-11-41.1
Section 12-11-41.1 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration of any estate
may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at
any time before a proceeding for final settlement thereof is commenced in probate court by
any heir, devisee, legatee, distributee, executor, administrator, or administrator with the
will annexed of the estate, without assigning any special equity. The circuit court shall
remand the administration of an estate transferred pursuant to this section to the probate
court if the circuit court finds that the removal was sought for the purpose of improper delay
or did not comply with applicable law. The circuit court may remand the administration of
an estate pursuant to this section to the probate court if the circuit court finds that any
of the following apply: (1) The circuit court has issued a final order or...
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