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6-2-41
Section 6-2-41 Limitations on claims to charge real estate with debts and obligations
of decedent. (a) The real estate of persons dying testate or intestate shall, as against the
rights of mortgagees or purchasers for value from the heirs or devisees, be forever discharged
from the payment of all legal and equitable debts and obligations unless the persons, including
minors and insane persons, owning such debts or benefited by said obligations shall within
the time allowed by law, but in no event more than two years from the death of the deceased,
file in the probate court of the county where said property is located a verified claim showing
the nature and amount of said debts and obligations. (b) Wherever there has been no executor
or administrator appointed, then the person owning said debt or benefited by said obligation
must, within three months after filing said claim, cause letters testamentary or of administration
to be issued and proceed to subject said land to said debts or...
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6-2-9
Section 6-2-9 Suspension of limitation - Claims against estates. Where a claim against
the estate of a decedent has been duly presented, the limitation for the commencement of an
action thereon is suspended until the personal representative, heir, or devisee of such decedent
shall, by notice in writing, dispute the validity of such claim in whole or in part. (Code
1896, §2817; Code 1907, §4856; Code 1923, §8970; Acts 1939, No. 517, p. 806; Code 1940,
T. 7, §30.)...
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6-10-101
Section 6-10-101 Proceedings to set apart exemptions when administration not granted
on decedent's estate within 60 days after death - Vesting of title to real property in surviving
spouse and minors and right to possession thereof. If no exceptions are filed and sustained
to such report of the commissioners setting apart the homestead exemption, the title to the
real property so set aside shall vest in the surviving spouse and minors, share and share
alike, but only during the life of the surviving spouse and minority of the children. If all
the real property left by the decedent in this state does not exceed in area and value the
homestead allowed by law as exempt, title to all such real property shall vest absolutely
in the surviving spouse, the children (minors and adults) and the descendants of deceased
children, or, if there is no surviving spouse, in the children and the descendants of deceased
children, or, if there are no children or descendants of deceased children, in the...
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43-2-235
Section 43-2-235 Revocation of letters upon proof that supposed decedent is alive -
Distribution of assets. The probate court may revoke the said letters at any time on due and
satisfactory proof that the supposed decedent is in fact alive, after which revocation all
the powers of the administrator shall cease, but all receipts, disbursements of assets and
other acts previously done by him shall remain as valid as if the said letters were unrevoked.
The administrator shall settle an account of his administration, down to the time of such
revocation, and shall transfer all assets remaining in his hands to the person as whose administrator
he had acted or to his duly authorized agent or attorney. Nothing in this article shall validate
the title of any person to any property or money received as widow, next of kin or heir of
such supposed decedent, but the same may be recovered from such person, provided such supposed
decedent shall make due and sufficient legal proof to the court having...
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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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43-8-110
Section 43-8-110 Homestead allowance. (a) A surviving spouse of a decedent who was domiciled
in this state is entitled to a homestead allowance of fifteen thousand dollars ($15,000).
If there is no surviving spouse, each minor child and each dependent child of the decedent
is entitled to a homestead allowance amounting to fifteen thousand dollars ($15,000) divided
by the number of minor and dependent children of the decedent. The homestead allowance is
exempt from and has priority over all claims against the estate. Homestead allowance is in
addition to any share passing to the surviving spouse or minor or dependent child by the will
of the decedent unless otherwise provided in the will, by intestate succession or by way of
elective share. (b) The value of any constitutional right of homestead in the family home
received by a surviving spouse or child shall be charged against that spouse or child's homestead
allowance to the extent that the family home is part of the decedent's estate...
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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are
insufficient, a transfer resulting from a right of survivorship or POD designation under this
chapter is not effective against the estate of a deceased party to the extent needed to pay
claims against the estate and statutory allowances to the surviving spouse and children. (b)
A surviving party or beneficiary who receives payment from an account after death of a party
is liable to account to the personal representative of the decedent for a proportionate share
of the amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances
described in subsection (a) remaining unpaid after application of the decedent's estate. A
proceeding to assert the liability may not be commenced unless the personal representative
has received a written demand by the surviving spouse, a creditor, a child, or a...
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8-6-140
Section 8-6-140 Definitions. For the purposes of this article, the following words have
the following meanings unless the context otherwise requires: (1) BENEFICIARY FORM. A registration
of a security which indicates the present owner of the security and the intention of the owner
regarding the person who will become the owner of the security upon the death of the owner.
(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal
property. (3) HEIRS. Those persons, including the surviving spouse, who are entitled under
the statutes of intestate succession to the property of a decedent. (4) PERSON. An individual,
a corporation, an organization, or other legal entity. (5) PERSONAL REPRESENTATIVE. Includes
executor, administrator, successor personal representative, special administrator, and persons
who perform substantially the same function under the law governing their status. (6) PROPERTY.
Includes both real and personal property or any interest therein...
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43-2-642
Section 43-2-642 Contents of application. Such application must be in writing, verified
by affidavit, must specify the share to which the applicant is entitled and must allege that
the assets of the decedent are more than sufficient to pay the debts of the decedent and the
charges on his estate. (Code 1852, §1779; Code 1867, §2106; Code 1876, §2483; Code 1886,
§2200; Code 1896, §268; Code 1907, §2726; Code 1923, §5965; Code 1940, T. 61, §367.)...
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43-2-833
Section 43-2-833 General duties; relation and liability to persons interested in estate;
standing to sue. (a) A personal representative is a fiduciary. Except as otherwise provided
by the terms of the will, the personal representative shall observe the standards in dealing
with the estate that would be observed by a prudent person dealing with the property of another.
If the personal representative has special skills or is named personal representative on the
basis of representations of special skills or expertise, the personal representative is under
a duty to use those skills. A personal representative is under a duty to settle and distribute
the estate of the decedent in accordance with the terms of any probated and effective will
and Title 43, and as expeditiously and efficiently as is consistent with the best interests
of the estate. The personal representative shall use the authority conferred upon personal
representatives by law, the terms of the will, if any, and any order in...
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