26-5-36
Section 26-5-36 Statement of account by court upon failure of conservator or personal representative
to file accounts and vouchers after notice. If a conservator, after notice, fails to file
his or her accounts and vouchers for a final or partial settlement or if the personal representative
of a conservator, after notice, fails to file the accounts and vouchers of his or her testator
or intestate for final settlement, the court of probate has authority to state an account
against the conservator or against his or her personal representative from the materials on
file or of record in the court and from such evidence as may be adduced, charging such conservator
with all wherewith he or she is by law chargeable and crediting him or her with all wherewith
by law he or she ought to be credited. (Code 1886, §2473; Code 1896, §2358; Code 1907, §4448;
Code 1923, §8221; Code 1940, T. 21, §151; Acts 1987, No. 87-590, p. 975, §2-333(b).)...

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35-6-63
Section 35-6-63 Sale instead of partition - Payment and distribution of purchase money. Such
commissioner may discharge himself from all liability for money received by him for the property
sold, by paying over the same to the judge of probate, after deducting therefrom the costs
and expenses attending the sale, including commissions to him at the same rate that executors
or administrators receive for collecting, but in no case more than $100.00; and such net proceeds
must be distributed by the judge of probate among the persons entitled thereto, according
to their respective interests. (Code 1867, §3125; Code 1876, §3519; Code 1886, §3258; Code
1896, §3183; Code 1907, §5227; Code 1923, §9327; Code 1940, T. 47, §215.)...
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40-15-18
Section 40-15-18 State and federal estate taxes to be paid out of estate property. Unless the
decedent directs otherwise in his or her will, all estate taxes, whether state or federal,
payable by reason of the death of the decedent, shall be paid by the executor or other personal
representative out of the estate property and shall be a charge against the residue thereof,
and the executor or other personal representative shall be under no duty to recover from anyone
for the benefit of the estate the pro rata portion of the estate tax attributable to inclusion
in the gross estate of any property, including proceeds of policies of insurance upon the
life of the decedent receivable by a beneficiary other than the executor or other personal
representative, which does not pass to the executor or other personal representative as a
part of the estate. This section shall apply to the estate of any decedents who shall die
on or after July 26, 1951, and before January 1, 2008, and to the estate...
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43-2-553
Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator;
insolvent estates. If, on such settlement, a balance is ascertained to be due from the estate
of such decedent to the deceased or outgoing executor or administrator, the probate court
may, if six months have elapsed from the grant of original letters, render a decree in favor
of the outgoing executor or administrator or, if dead, of his personal representative, against
the remaining or succeeding executor or administrator for such balance; and if the estate
is solvent, payment thereof may be enforced by execution against him, to be levied on any
effects of such estate in his hands unadministered; but if the estate is insolvent, such decree
is to be paid as other claims against insolvent estates; and if such balance or any part thereof
is for expenses of administration necessarily incurred, such balance, or such part thereof
as may be for such expenses, shall be a preferred claim against such...
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43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled
to personal property without administration. (a) The surviving spouse, if there is one, otherwise
the distributees of an estate of personal property only, may initiate a proceeding for summary
distribution of the estate by filing a verified petition in the office of the judge of probate
of the county in which the decedent was domiciled at death alleging the conditions provided
in subsection (b). The petition shall include a description of the estate of the decedent.
No bond shall be required to be filed with the petition. (b) The surviving spouse or distributee
shall have a defeasible right to the personal property of the decedent without awaiting the
appointment of a personal representative or the probate of a will if all of the following
conditions exist: (1) The value of the entire estate does not exceed twenty-five thousand
dollars ($25,000). This figure shall be adjusted annually for...
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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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35-11-217
Section 35-11-217 Selection of land to be charged in certain cases. When the land on which
the building or improvement is situated is not in a city or town and exceeds in area one acre,
any person having a lien, or his personal representative, may at any time prior to his filing
his statement in the office of the judge of probate, select one acre in addition to the land
upon which the building or improvement is situated which shall also be subject to the lien;
such selection to include the land surrounding the said building or improvement, and contiguous
thereto, and with the land on which the building or improvement is situated to constitute
but one lot or parcel. When the land on which the building or improvement is situated is in
a city or town and the improvement consists of two or more buildings united together, situated
on the same lot or contiguous or adjacent lots, or of separate buildings upon contiguous or
adjacent lots, or where the machinery, material, fixture, engine,...
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40-5-17
Section 40-5-17 Levy and sale of personal property - When delinquent taxpayer has left county.
When the collector has information that any person owing taxes in his county, whether due
or not, has left the county, he shall make out and certify to the judge of probate a bill
against such person and procure the approval thereof by the judge of probate in all respects
as provided in Section 40-5-31, and such bill shall operate as a writ of fieri facias, and
the same may be executed by the collector if the personal property of the taxpayer is found
in his county or may be by such collector forwarded to the collector of any county in which
the taxpayer has any property, and the collector of such other county, on the receipt of such
writ, shall file the same for record in the probate office in his county and, without delay
shall give notice to the delinquent taxpayer in person or by certified or registered mail,
return receipt demanded. On failure of said delinquent taxpayer to satisfy after...
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35-4-137
Section 35-4-137 Release of land from lien upon execution of bond. When any lis pendens in
an action or proceeding to enforce a lien has been filed and recorded in the office of the
judge of probate, as prescribed in Sections 35-4-131 and 35-4-132, the person owning or claiming
the land described in the lis pendens may at any time, before a judgment is entered enforcing
the lien, nullify the notice given by such lis pendens by executing a bond with sufficient
surety in double the amount of the fair market value of the land described in the lis pendens
and as to which the lis pendens is to be nullified, the amount of the bond and the surety
or sureties thereon to be approved by the judge of probate. The bond shall be payable to the
judge of probate and conditioned to pay any sum of money found to be a lien against such land,
up to the fair market value of the said land, said payment to be made by 12:00 noon of the
day and at the place appointed for the sale thereof. When said bond has...
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11-42-51
Section 11-42-51 Canvassing of returns; entry, recordation, etc., of orders, maps, etc., as
to annexation of territory. The judge of probate must canvass the returns as made by the inspectors
and if it appears that a majority of the votes cast at the election were "for annexation"
the judge shall make and enter an order on the records of the probate court adjudging and
decreeing the corporate limits of the city to be extended so as to embrace the territory described
in the resolution and designated on the plat or map attached to the resolution, and must cause
the certified resolution and all orders or decrees or judgments to be recorded in the records
in his office and must also cause the map or plat to be recorded in the map records in his
office, and from the time of the entry of such order such territory shall be a part of and
within the corporate limits of the city with the limitations, rights, powers, and privileges
set forth in this article. If it appears that a majority of the...
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