43-2-295
Section 43-2-295 Notice by publication. If such executor or administrator is not an inhabitant
of the state, or is absent therefrom, upon such fact being shown by proof satisfactory to
the judge, he must direct notice of such application to be given by publication for three
successive weeks in some newspaper published in the county, or if none is published therein
in the newspaper published nearest to the courthouse thereof; and the applicant must pay the
expense of such publication, which may be taxed as costs. (Code 1852, §§1701, 1702; Code
1867, §§2022, 2023; Code 1876, §§2391, 2392; Code 1886, §2049; Code 1896, §96; Code
1907, §2570; Code 1923, §5793; Code 1940, T. 61, §183.)...
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43-2-297
Section 43-2-297 Costs. If the application is determined against the applicant, he, otherwise
the executor or administrator, must be taxed with the costs, for which execution may be issued.
(Code 1852, §1705; Code 1867, §2026; Code 1876, §2395; Code 1886, §2051; Code 1896, §98;
Code 1907, §2572; Code 1923, §5795; Code 1940, T. 61, §185.)...
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43-2-647
Section 43-2-647 Refunding bonds - Bond stands as security; action on bond. (a) Such refunding
bond stands as security for the executor or administrator, should the assets in his hands,
after any payment of money or delivery of property under the order of the court, prove insufficient
to pay the debts, claims and charges against the estate, and the executor or administrator
pays the same; and also as security for the creditors of the estate; and any creditor may
bring a civil action thereon. (b) The extent of the recoveries on such bond is the amount
or value of the property received by the legatee or distributee and interest on such amount
or value from the date of its receipt; and the value of property received may be proved by
the entry of record, made according to the provisions of this division or other evidence;
and civil actions may be brought on such bond from time to time in the name of any person
aggrieved until the whole amount of the liability, as determined by this...
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43-2-790
Section 43-2-790 Application for order for sale - Generally. On the application of an executor
or administrator of an estate which has been declared insolvent for an order for the sale
of lands belonging to the estate for the payment of debts, he shall be allowed to obtain such
order without taking any evidence to show the necessity of such sale. (Code 1886, §2258;
Code 1896, §326; Code 1907, §2790; Code 1923, §6029; Code 1940, T. 61, §416.)...
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43-2-84
Section 43-2-84 Bond of applicant when administration committed to general administrator or
sheriff. (a) When administration is committed to the general administrator or sheriff, on
the application of a third person, such letters must not be granted unless such person enters
into bond, with surety, to be approved by the judge, to pay the fees and allowances made by
the court on such administration, if the property of the estate is insufficient therefor.
(b) If, upon the settlement of an administrator appointed under subsection (a), it appears
that sufficient assets of his intestate have not come to his hands to pay the costs and expenses
legally incurred in his administration, the probate court having jurisdiction of such administration
may enter a judgment and thereon issue execution against the obligors in the bond mentioned
in subsection (a), for any excess due above the assets in the hands of such administrator.
(Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373,...
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43-2-91
Section 43-2-91 Bonds valid and operative as statutory bonds. The bond of the general administrator
of the county or of any executor or administrator is valid and operative as a statutory bond
and is of the same obligation, force and effect as a statutory bond, though it may not be
approved, or in the penalty, or payable or with the condition required by law. (Code 1852,
§1714; Code 1867, §2035; Code 1876, §2404; Code 1886, §2273; Code 1896, §342; Code 1907,
§2554; Code 1923, §5776; Code 1940, T. 61, §110.)...
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43-2-139
Section 43-2-139 Inventory as evidence. In an action against an executor or administrator,
in which the fact of his having administered the estate of his testator or intestate, or any
part thereof, comes in issue, and the inventory of the property of the deceased, filed by
him, is given in evidence, the effect of the same may be repelled by evidence: (1) That any
property has been omitted in such inventory, or was not returned therein at its full value,
or since the filing thereof has increased in value; or (2) That such property has perished,
or been lost without the fault of such executor or administrator, or that it has been fairly
sold, according to law, at a less price than the value so returned, or that, since the return
of the inventory, such property has deteriorated or decreased in value; and in such action
the defendant cannot be charged for anything in action specified in the inventory, unless
it appears that it was, or might have been, collected by the exercise of due...
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43-2-330
Section 43-2-330 Authorization by probate court to keep estate together; term. The probate
court may authorize the executor or administrator, on application made and good cause shown,
to keep the real and personal estate, or any portion thereof, together for such length of
time as the court may deem advisable, not exceeding 10 years, and employ laborers to cultivate,
improve, keep in repair and carry on the plantation belonging to the estate. (Code 1852, §1902;
Code 1867, §2263; Code 1876, §2602; Code 1886, §2210; Code 1896, §278; Code 1907, §2743;
Code 1923, §5982; Code 1940, T. 61, §198.)...
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43-2-550
Section 43-2-550 Final settlement required following death, removal or resignation of executor
or administrator. When an executor or administrator dies, resigns or is removed, or his letters
are revoked, or his authority ceases from any cause, he must within one month after his authority
ceases or, in case of his death, his personal representative must or, in case of his removal
from the state, his sureties must, within six months after the grant of letters, file his
accounts, vouchers and statement of heirs and legatees for and must make final settlement
of the administration of, such executor or administrator, of which settlement notice must
be given in the same manner; and such settlement must be conducted and governed, except as
otherwise provided in this article, by the same rules and provisions of law as other final
settlements by executors or administrators. (Code 1852, §1876; Code 1867, §§2165, 2232;
Code 1876, §§2537, 2590; Code 1886, §2173; Code 1896, §241; Code 1907,...
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43-2-706
Section 43-2-706 Payment of costs. If such issue is decided against the executor or administrator,
the report must be dismissed, and execution for the costs may issue against him and his sureties;
but if it is decided in his favor, the costs must be paid by the contesting creditor, or parties
interested in the estate, or out of the estate, as the court may direct. (Code 1852, §§1835,
1836; Code 1867, §§2184, 2185; Code 1876, §§2556, 2557; Code 1886, §2229; Code 1896,
§297; Code 1907, §2762; Code 1923, §6001; Code 1940, T. 61, §388.)...
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