43-2-390
Section 43-2-390 Authorization to compromise or sell claims. The probate court having jurisdiction
of the estate may authorize any executor or administrator to compromise or sell any bad or
doubtful claim due the estate, on the written application of the executor or administrator,
verified by his affidavit, and stating the facts, supported by evidence satisfactory to the
court, that such claim is bad or doubtful, and that a compromise or sale thereof will promote
the interests of the estate. (Code 1876, §2505; Code 1886, §2088; Code 1896, §138; Code
1907, §2602; Code 1923, §5827; Code 1940, T. 61, §223.)...
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43-2-556
Section 43-2-556 Issuance of citation; notice; when court required to examine, audit or restate
account. After stating such account, the court must issue citation to such executor or administrator
or, if dead, to his personal representative or, in case of his removal from the state, to
his sureties to appear on a day therein named and to file his account and vouchers for settlement,
or that the account so stated will be passed, which must be served on him, or, if dead, on
his personal representative or, in case of his removal from the state, his sureties at least
10 days before the day named therein; and must also give notice of such settlement by publication,
as in case of final settlements voluntarily made by executors or administrators; and if, on
the day named, such executor or administrator or, if dead, his personal representative or,
in case of his removal from the state, his sureties fail to appear and file his accounts and
vouchers for settlement, as required by law, the court...
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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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43-2-585
Section 43-2-585 Enforcement of payment or delivery. If the legacy is not payable in money,
the value thereof as ascertained under section 43-2-584 must be entered of record; and, if
the amount directed to be paid or the property directed to be delivered is not paid or delivered
within 60 days after such order, an execution may issue for such amount or the value of such
property against such executor or administrator and his sureties. (Code 1852, §1777; Code
1867, §2104; Code 1876, §2481; Code 1886, §2197; Code 1896, §265; Code 1907, §2741; Code
1923, §5980; Code 1940, T. 61, §340.)...
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43-2-646
Section 43-2-646 Refunding bonds - Recordation; transcript as evidence. All refunding bonds
provided for in this division must be recorded by the judge of probate and then delivered
to the executor or administrator; and a transcript of any such bond as recorded, duly certified,
is evidence to the same extent as the original would have been if produced. (Code 1852, §1784;
Code 1867, §2111; Code 1876, §2488; Code 1886, §2205; Code 1896, §273; Code 1907, §2731;
Code 1923, §5970; Code 1940, T. 61, §372.)...
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43-8-51
Section 43-8-51 Controversy as to advancements - Discovery of advancements. Pending administration
of an estate, on the application of the executor or administrator, or someone interested in
the estate, to the probate court where the administration is, alleging on oath that an advancement
has been made by the decedent, and that the value of such advancement is not expressed in
any conveyance or receipt, within the applicant's knowledge, or in any charge made by the
decedent, the judge of probate must issue citation to the distributee or heir alleged to have
received such advancement, requiring him, within a specified time, not less than 30 nor more
than 60 days, to report on oath a list of the property received, the time when and the value
of the same when received, or to deny on oath having received any advancement from the decedent.
If the party alleged to have received the advancement is a nonresident of the state, notice
must be given by publication once a week for three successive...
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5-11A-9
Section 5-11A-9 Exemption of trust companies, etc., acting as administrators, etc., from bond
requirement. Any trust company or bank which is authorized by law to act as a guardian, administrator,
executor, receiver or trustee, except as may be otherwise provided in this code for the administration
of the affairs of war veterans, under appointment of any court of this state, and which maintains
the deposit provided for in Section 5-11A-5, shall be entitled as a matter of right to exemption
from giving bond before receiving authority to act in any of the above capacities, provided
its aggregate liabilities, to secure which said bonds or other securities are deposited, do
not exceed five times the par value of said securities. When such company desires exemption
from giving any such bond, it shall file with the officer who would otherwise require such
bonds a sworn statement showing the amount in value of the bonds or other securities on deposit
with the State Treasurer, and that the...
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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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26-3-4
Section 26-3-4 Requirement by probate court of bond from testamentary conservator of minor;
effect of failure to give bond. Before the issue of letters of conservatorship to a testamentary
conservator relieved from giving bond and sureties or at any time thereafter, if the judge
of probate deems it necessary for the safety of such minor child or children, he or she may
require of such conservator bond with sufficient sureties, or, on the application of such
minor child or children by next friend and for good cause shown, he or she may require of
such conservator bond with sufficient sureties. In either case, if such conservator fails
for 10 days after the requisition of such bond to give the same, the judge of probate must
withhold from his or her letters of conservatorship or, if letters have issued, must remove
him or her and recall and revoke such letters. (Code 1852, §2018; Code 1867, §2417; Code
1876, §2762; Code 1886, §2380; Code 1896, §2275; Code 1907, §4365; Code 1923,...
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43-2-410
Section 43-2-410 Power of sale conferred. Any part of the personal property of a decedent,
including land warrants and choses in action, may be sold only by order of the court, on the
written application of the executor or administrator, verified by affidavit, in the following
cases, unless, in such cases, power to sell is conferred by the will: (1) For the payment
of debts. (2) To make distribution among the distributees or legatees. (3) To prevent the
waste or destruction of property liable to waste, or of a perishable nature, if it is proved
that the sale would be beneficial to the estate. (Code 1852, §1743; Code 1867, §2067; Code
1876, §2433; Code 1886, §2092; Code 1896, §142; Code 1907, §2606; Code 1923, §5832; Code
1940, T. 61, §228.)...
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