6-5-464
Section 6-5-464 Survival - Claims equitable in nature. (a) All claims equitable in nature upon
which an action has been filed shall survive in favor of and against the heirs, successors,
or personal representative of any deceased party to such an action. (b) All claims equitable
in nature upon which no action has been filed shall survive in favor of and against the personal
representatives, heirs, or successors of deceased persons who, but for their death, could
have enforced such claims or against whom such claims could have been enforced. (Acts 1947,
No. 709, p. 544.)...
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6-10-92
Section 6-10-92 Exceptions to report of appraisers that homestead does not exceed allowance.
When the report of the appraisers shows that the homestead does not exceed in value $6,000,
exceptions may be filed thereto by the personal representative or other person in adverse
interest; and, if such exceptions are filed, proceedings may be had thereof as in case of
a report allotting or setting apart the homestead. (Code 1886, §2560; Code 1896, §2090;
Code 1907, §4217; Code 1923, §7940; Code 1940, T. 7, §683; Acts 1951, No. 911, p. 1558,
§1; Acts 1982, No. 82-399, p. 578, §8-102.)...
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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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26-5-34
Section 26-5-34 Final settlement generally - Authorization and procedure generally for compulsion
of settlement by personal representative of conservator. On the death of a conservator, at
any time after the expiration of six months from the qualification of his or her personal
representative, such representative may be required, on 10 days' notice, such notice to be
given by the service of process, to appear and make settlement of the conservatorship of his
or her testator or intestate. (Code 1886, §2471; Code 1896, §2356; Code 1907, §4446; Code
1923, §8219; Code 1940, T. 21, §149; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-138
Section 43-2-138 Action by legatee to recover legacy. Any legatee, after six months from the
grant of letters testamentary or of administration, with the will annexed, may bring a civil
action and recover his legacy, upon proof that the executor assented to the same. (Code 1852,
§1931; Code 1867, §2290; Code 1876, §2634; Code 1886, §2275; Code 1896, §344; Code 1907,
§2810; Code 1923, §6049; Acts 1931, No. 725, p. 841; Code 1940, T. 61, §126.)...
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43-2-353
Section 43-2-353 Revival of pending action considered as presentation. The revival of any action
pending against any person at the time of his death, which by law survives against his personal
representative, by notice served on the executor or administrator within six months after
the grant of letters, shall be considered as a presentation of the claim on which the action
is founded. (Code 1852, §1886; Code 1867, §2242; Code 1876, §2600; Code 1886, §2084; Code
1896, §134; Code 1907, §2594; Code 1923, §5819; Acts 1931, No. 719, p. 838; Code 1940,
T. 61, §215.)...
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43-2-506
Section 43-2-506 Settlement by consent without notice. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration with the will annexed
granted in this state and all legatees and distributees named in the will are of age and proof
is made that all legal charges against the estate have been paid in full, the probate court,
upon verified petition of the personal representative consented to by written instrument properly
executed and acknowledged by all legatees and distributees, may approve a consent settlement
without notice or publication or posting. In any case in which an administration is conducted
pursuant to letters testamentary or letters of administration granted in this state and such
administration in this state is ancillary to a primary administration in another state, and
proof is made that all legal charges against the estate in this state have been paid in full
and the balance of the assets of the estate in this state...
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43-2-837
Section 43-2-837 Duty of personal representative; possession of estate. Except as otherwise
provided by a decedent's will, every personal representative has a right to, and shall take
possession or control of, the decedent's property, except that any real property or tangible
personal property may be left with or surrendered to the person presumptively entitled thereto
unless or until, in the judgment of the personal representative, possession of the property
by the personal representative will be necessary for purposes of administration. A request
in writing by a personal representative for delivery of any property possessed by an heir
or devisee is conclusive evidence, in any action against the heir or devisee for possession
thereof, that the possession of the property by the personal representative is necessary for
purposes of administration. The personal representative shall pay taxes on, receive the income
therefrom, and pay the expenses reasonably necessary for the management,...
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43-2-131
Section 43-2-131 Limitation on actions against executor or administrator. No civil action must
be commenced against an executor or administrator, as such, until six months after the grant
of letters testamentary or of administration, unless the executor or administrator has given
notice of the disallowance of the claim. (Code 1852, §1917; Code 1867, §2276; Code 1876,
§2614; Code 1886, §2263; Code 1896, §331; Code 1907, §2803; Code 1923, §6042; Acts 1931,
No. 725, p. 841; Code 1940, T. 61, §119.)...
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43-2-846
Section 43-2-846 Co-representatives; when joint action required. If two or more persons are
appointed co-representatives and unless the will provides otherwise, the concurrence of all
is required on all acts connected with the administration and distribution of the estate.
This restriction does not apply: (i) when any co-representative receives and receipts for
property due the estate; (ii) when the concurrence of all cannot readily be obtained in the
time reasonably available for emergency action necessary to preserve the estate; or (iii)
when a co-representative has been delegated to act for the others. Persons dealing with a
co-representative, if actually unaware that another has been appointed to serve as co-representative
or if advised by the personal representative with whom they deal that the personal representative
has authority to act alone for any of the reasons mentioned herein, are as fully protected
as if the person with whom they dealt had been the sole personal...
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