43-2-842
Section 43-2-842 Persons dealing with personal representative; protection. A person who, in
good faith, either assists a personal representative or deals with the personal representative
for value is protected as if the personal representative properly exercised the power. The
fact that a person knowingly deals with a personal representative does not alone require the
person to inquire into the existence of a power or the propriety of its exercise. Except for
restrictions on powers of personal representatives which are endorsed on the letters, no provision
in any will or order of court purporting to limit the power of a personal representative is
effective except as to persons with actual knowledge thereof. A person is not bound to see
to the proper application of estate assets paid or delivered to a personal representative.
The protection here expressed extends to instances in which some procedural irregularity or
jurisdictional defect occurred in proceedings leading to the issuance...
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32-5-222
Section 32-5-222 Requirements for child passenger restraints. (a) Every person transporting
a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall
provide for the protection of the child by properly using an aftermarket or integrated child
passenger restraint system meeting applicable federal motor vehicle safety standards and the
requirements of subsection (b). This section shall not be interpreted to release in part or
in whole the responsibility of an automobile manufacturer to insure the safety of children
to a level at least equivalent to existing federal safety standards for adults. In no event
shall failure to wear a child passenger restraint system be considered as contributory negligence.
The term "motor vehicle" as used in this section shall include a passenger car,
pickup truck, van (seating capacity of 10 or less), minivan, or sports utility vehicle. (b)
The size appropriate restraint system required for a child in subsection (a) must...
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43-2-230
Section 43-2-230 Applications for letters of administration. Whenever letters of administration
on the estate of any person presumed to be dead on account of absence for five or more years
from the place of his last domicile within this state shall be applied for, it shall be the
duty of the judge of probate to whom the application shall be made to accept and file the
same and to thereupon take the testimony with respect to whether the petitioner is entitled
to such letters; and, if the court is satisfied by the testimony that the applicant would
be entitled thereto were the supposed decedent in fact dead, the court shall cause to be advertised
in a newspaper published in the county, once a week for four consecutive weeks, the fact of
said application, together with notice that on a day certain which shall be at least two weeks
after the last of said advertisements, the court will hear evidence concerning the alleged
absence of the supposed decedent, and the circumstances and duration...
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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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43-8-252
Section 43-8-252 Effect of divorce, annulment, or decree of separation. (a) A person who is
divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving
spouse unless, by virtue of a subsequent marriage, he is married to the decedent at the time
of death. A decree of separation which does not terminate the status of husband and wife is
not a divorce for purposes of this section. (b) For purposes of sections 43-8-40 through 43-8-49,
43-8-55 through 43-8-58, 43-8-70 through 43-8-76, 43-8-90, 43-8-91, and 43-8-110 through 43-8-113,
a surviving spouse does not include: (1) A person who obtains or consents to a final decree
or judgment of divorce from the decedent or an annulment of their marriage, which decree or
judgment is not recognized as valid in this state, unless they subsequently participate in
a marriage ceremony purporting to marry each to the other, or subsequently live together as
man and wife; (2) A person who, following a decree or...
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43-8-49
Section 43-8-49 Advancements. If a person dies intestate as to all his estate, property which
he gave in his lifetime to an heir is treated as an advancement against the latter's share
of the estate only if declared in a contemporaneous writing by the decedent or acknowledged
in writing by the heir to be an advancement. For this purpose the property advanced is valued
as of the time the heir came into possession or enjoyment of the property or as of the time
of death of the decedent, whichever first occurs. If the recipient of the property fails to
survive the decedent, the property is not taken into account in computing the intestate share
to be received by the recipient's issue, unless the declaration or acknowledgment provides
otherwise. (Acts 1982, No. 82-399, p. 578, §2-110.)...
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5-24-4
Section 5-24-4 Forms. (a) A contract of deposit may contain provisions in substantially the
following form to establish the type of account provided, and the account shall be governed
by the provisions of this chapter applicable to an account of that type: UNIFORM SINGLE- OR
MULTIPLE-PARTY ACCOUNT FORM PARTIES [Name One Or More Parties]: ___ ___ OWNERSHIP [Select
One]: ___ SINGLE-PARTY ACCOUNT ___ MULTIPLE-PARTY ACCOUNT Parties own account during the lifetime
of all parties in proportion to net contributions unless there is clear and convincing evidence
of a different intent. RIGHTS AT DEATH [Select One]: ___ SINGLE-PARTY ACCOUNT At death of
party, ownership passes as part of party's estate. ___ SINGLE-PARTY ACCOUNT WITH POD (PAY
ON DEATH) DESIGNATION [Name One Or More Beneficiaries]: ___ ___ At death of party, ownership
passes to POD beneficiaries and is not part of party's estate....
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6-10-80
Section 6-10-80 Appraisers - Issuance of commission. When a decedent, who was at the time of
his or her death a resident of this state, leaves surviving him a spouse and minor child or
children, or either, who are bona fide residents of this state, the probate court, at the
time of appointing appraisers of the estate, shall issue a commission to them, stating the
names of the surviving spouse and minor child or children, or either, as the case may be,
and the nature and extent of the personal property exempt in their favor, and directing the
appraisers to set apart the same. (Code 1876, §2825; Code 1886, §2548; Code 1896, §2078;
Code 1907, §4205; Code 1923, §7927; Code 1940, T. 7, §670.)...
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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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40-15-1
Section 40-15-1 Meaning of "executor," "administrator" or "legal representative".
The terms "executor," "administrator" and "legal representative,"
used interchangeably in this chapter, shall be held to mean the executor or administrator
or trustee or legal representative of the decedent whose estate is subject to an estate tax
under this title. In the event no executor or administrator is appointed and qualified, then
the term "executor" as used herein shall be held to mean any person in actual or
constructive possession and acting for any estate subject to tax under this chapter. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §433.)...
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