25-5-52
Section 25-5-52 Manner of compensation, etc., provided by chapter exclusive. Except as provided
in this chapter, no employee of any employer subject to this chapter, nor the personal representative,
surviving spouse, or next of kin of the employee shall have a right to any other method, form,
or amount of compensation or damages for an injury or death occasioned by an accident or occupational
disease proximately resulting from and while engaged in the actual performance of the duties
of his or her employment and from a cause originating in such employment or determination
thereof. (Acts 1919, No. 245, p. 206; Code 1923, §7545; Code 1940, T. 26, §271; Acts 1973,
No. 1062, p. 1750, §8; Acts 1992, No. 92-537, p. 1082, §12.)...
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35-11-229
Section 35-11-229 Actions by personal representatives. If any person entitled to a lien under
this division shall die before the time has elapsed for filing his statement in the office
of the judge of probate without filing it, his personal representative may file the same within
three months after the grant of letter; and if such person shall die before commencing an
action for the enforcement of his lien, and the lien is not lost at the time of his death,
his personal representative may bring an action for the enforcement thereof at any time within
six months after the grant of letters. (Code 1886, §3042; Code 1896, §2747; Code 1907, §4778;
Code 1923, §8856; Code 1940, T. 33, §59.)...
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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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25-5-114
Section 25-5-114 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative, parent,
surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise
on account of the contraction of an occupational disease, as defined in this article, and
on account of any injury, disability, loss of service, or death resulting from an occupational
disease, as defined in this article. Except as provided in this article, no employer included
within the terms of this chapter and no officer, director, agent, servant, or employee of
such employer shall be held civilly liable for the contraction of an occupational disease,
as defined in this article, or for injury, disability, loss of service, or death of any employee
due to an occupational disease while engaged in the service or business...
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25-5-194
Section 25-5-194 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative, parent,
surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise
on account of occupational exposure to radiation and on account of any injury, disability,
loss of service, or death resulting from occupational exposure to radiation. Except as provided
in this article, no employer included within the terms of this chapter and no officer, director,
agent, servant, or employee of such employer shall be held civilly liable for the occupational
exposure to radiation or for injury, disability, loss of service, or death of any employee
due to occupational exposure to radiation while engaged in the service or business of the
employer, the cause of which occupational exposure to radiation...
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26-5-9
Section 26-5-9 Final settlement generally - Establishment of day for settlement; notice thereof.
The court must appoint a day for the settlement, of which 10 days' notice must be given to
the succeeding conservator, if there is such conservator, or to the personal representative
of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state
and has arrived at full age or has been relieved of the disability of nonage or incapacity
has terminated, and to all sureties on the bond of such conservator, by the service of process,
and notice must also be given, as the court may direct, either by advertisement for three
successive weeks in some newspaper published in the county or for the same length of time
by posting notice at the courthouse door and at three other public places in the county. (Code
1886, §2461; Code 1896, §2346; Code 1907, §4436; Code 1923, §8209; Acts 1931, No. 704,
p. 829; Code 1940, T. 21, §136; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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28-4-265
Section 28-4-265 Liquors and beverages, etc., seized not to be recovered by writ of replevin
or detinue during pendency of proceedings under article; final judgment of condemnation to
bar actions to recover liquors and beverages, etc., seized, etc. Liquors and beverages seized
and vessels and receptacles containing them shall not be taken from the custody of the officer
by writ of replevin or detinue or other process while the proceedings under this article are
pending. A final judgment of condemnation in all proceedings under this article shall be a
bar to all actions for the recovery of any liquors and beverages or vessels and receptacles
seized or for the value of the same and for damages alleged to arise by reason of the seizure
and detention thereof. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4753;
Code 1940, T. 29, §222.)...
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43-2-82
Section 43-2-82 Liability of judge of probate, etc., in taking bond. When a party is required
to give a bond and is not otherwise exempt from giving a bond, the judge of probate is liable
for any wanton, fraudulent, or intentional misconduct for not requiring a bond or for taking
an insufficient bond from any personal representative, fiduciary, or someone serving in a
similar capacity. Any person injured thereby may maintain an action against the judge and
his or her sureties and recover for the injury proved. (Code 1852, §1692; Code 1867, §2013;
Code 1876, §2375; Code 1886, §2033; Code 1896, §76; Code 1907, §2545; Code 1923, §5767;
Code 1940, T. 61, §101; Act 2017-174, §1.)...
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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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5-5A-39
Section 5-5A-39 Disposition of small deposits of deceased person - Time for payment; when payment
prohibited. No payment shall be made pursuant to Section 5-5A-38 by the bank before the lapse
of 60 days from the date of the death of the deceased, and no payment shall be made by the
bank under this section if letters testamentary or of administration have been issued to a
personal representative or a proceeding is pending in the court in this state which would
have jurisdiction of the administration of the estate. The bank shall be fully protected by
requiring an affidavit by some reputable citizen as to the facts specified. (Acts 1980, No.
80-658, §5-5-39.)...
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