43-2-413
Section 43-2-413 Notice of sale. When the application is granted for the sale of any personal
property, the executor or administrator must give notice of the day, place and terms of sale,
and a description of the property to be sold, by advertisement for three successive weeks
in some newspaper published in the county where the sale is to take place, or, by posting
notice at the courthouse door and at three other public places in the county. But when the
property is perishable, or the expense of keeping it is very great, the sale may be made after
five days' notice, which may be given by one insertion in a newspaper published in the county
where the sale is to take place, or, if there be no such paper, by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this article, the court may direct the giving of notice by printed handbills, or posters,
to be distributed and posted in the manner best calculated to give extended...
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43-2-444
Section 43-2-444 Application for sale. The application for the sale of lands, either for payment
of debts or for division, must be made by the executor or administrator in writing, verified
by affidavit, to the probate court having jurisdiction of the estate, must describe the lands
accurately, must give the names of the heirs or devisees, and their places of residence and
must also state whether any, and which of such heirs or devisees, are under the age of 19
years or of unsound mind; and such application may be contested by any party interested in
the estate. (Code 1852, §§1759, 1868; Code 1867, §§2085, 2222; Code 1876, §§2450, 2453;
Code 1886, §2106; Code 1896, §158; Code 1907, §2622; Code 1923, §5851; Code 1940, T. 61,
§246.)...
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43-2-559
Section 43-2-559 Other actions not barred. The proceedings for the settlement of the accounts
of deceased or outgoing executors or administrators provided for in this division do not prevent
any action by the remaining or succeeding executor or administrator, or by any other person
entitled thereto, against such executor or administrator or his personal representative for
any property remaining in his hands or for any other cause of action. (Code 1852, §1882;
Code 1867, §2238; Code 1876, §2596; Code 1886, §2182; Code 1896, §250; Code 1907, §2701;
Code 1923, §5934; Code 1940, T. 61, §329.)...
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43-2-62
Section 43-2-62 Penalty for failure to give notice. It is the duty of the judge of probate
to see that such publication is duly made; and any executor or administrator failing to make
the same must not be allowed any compensation as such; and he and his sureties are liable,
on proof that such notice has not been given, to any creditor for the amount which he would
have been entitled to out of the assets of the estate had his claim been duly presented. (Code
1852, §1736; Code 1867, §2059; Code 1876, §2428; Code 1886, §2077; Code 1896, §124; Code
1907, §2588; Code 1923, §5813; Code 1940, T. 61, §95.)...
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43-2-645
Section 43-2-645 Refunding bonds - Required; terms and conditions. Such order must not in any
case be made, unless the applicant gives a refunding bond, with two sufficient sureties, to
be approved by the judge of probate, payable to the administrator, in double the amount distributed
to the applicant or in double the value of his share of the property directed to be distributed,
to be ascertained by the appraisement or other evidence and entered of record, and conditioned
to refund the amount directed to be paid, or to return the property received on such distribution,
or to pay the value thereof and interest on such amount or value from the time the same was
received, if the assets are insufficient to discharge the debts and charges against the estate.
(Code 1852, §1782; Code 1867, §2109; Code 1876, §2486; Code 1886, §2203; Code 1896, §271;
Code 1907, §2729; Code 1923, §5968; Code 1940, T. 61, §370.)...
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43-8-53
Section 43-8-53 Controversy as to advancements - Contest of answer. Upon the rendition of the
report or answer of the distributee or heir alleged to have received an advancement, or of
his legal representatives or heirs, if deceased, if the executor or administrator, or any
of the parties interested in such estate are not satisfied with the report or answer, on the
ground that the same does not set forth all the property received or advanced, or does not
set forth the true value of the property at the time it was received or advanced, or is not
satisfied that the report or answer is true, then, in either case, such party may file objections
thereto, stating the grounds of the objections, and the judge of probate must set a day, at
such time as he may think proper, for hearing and determining, according to the evidence,
as to the amount of property advanced, the time when advanced, and its value when received.
He must give all the parties interested notice of such objections, and of the...
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26-5-31
Section 26-5-31 Partial settlement generally - Application of ward, etc., for partial settlement;
issuance of process to conservator as to hearing thereupon; dismissal of application. On the
application of the ward by next friend or the sureties on the conservator's bond, showing
satisfactory cause, the court may issue process to the conservator, requiring him or her to
appear and show cause why he or she should not make a partial settlement of his or her conservatorship,
of which process there must be service 10 days before the day appointed for the appearance
of the conservator. If, on the hearing, it should appear that there is no satisfactory cause
for ordering such settlement, the application must be dismissed at the costs of the next friend
or the sureties on the conservator's bond, as the case may be. (Code 1886, §2468; Code 1896,
§2353; Code 1907, §4443; Code 1923, §8216; Code 1940, T. 21, §146; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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43-2-275
Section 43-2-275 Removal of resident executor from state. The removal of any resident executor
from this state to any other state or territory of the United States shall not be cause for
his removal from the office of executor; but, on and after his removal, he shall in all respects
be regarded and treated as a nonresident executor, and the provisions of article 8 of this
chapter shall be applicable to him. Upon such removal, his sureties may require him to resign
and make final settlement of his accounts or give a new bond as such executor. (Code 1876,
§2384; Code 1886, §2043; Code 1896, §89; Code 1907, §2565; Code 1923, §5788; Code 1940,
T. 61, §150.)...
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43-2-298
Section 43-2-298 Order to give additional bond. If an additional bond is required by the court,
an order must be made to that effect, allowing such time to give the same as the court may
think reasonable; and if such order is not complied with within the time prescribed, the executor
or administrator must be removed and his letters revoked. (Code 1852, §§1706, 1707; Code
1867, §§2027, 2028; Code 1876, §§2396, 2397; Code 1886, §2052; Code 1896, §99; Code
1907, §2573; Code 1923, §5796; Code 1940, T. 61, §186.)...
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43-2-581
Section 43-2-581 Application. The application for such purpose must be in writing, verified
by affidavit; must set forth the applicant's claim and must allege a sufficiency of assets
in the hands of such executor or administrator to pay the same after discharging the debts
of the testator, charges on his estate and other legacies entitled to priority of payment.
(Code 1852, §1773; Code 1867, §2099; Code 1876, §2476; Code 1886, §2193; Code 1896, §261;
Code 1907, §2737; Code 1923, §5976; Code 1940, T. 61, §336.)...
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