5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share of the
amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has received
a written demand by the surviving spouse, a creditor, a child, or a...
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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b) All actions
by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges,
or any part thereof, shall be begun within two years from the time the cause of action accrues
and not after. (c) For recovery of charges, action shall be begun against common carriers
of property by motor vehicles subject to this article within two years from the time the cause
of action accrues and not after, except as provided in subsection (d) of this section; provided,
that if claim for the overcharge has been presented in writing to the carrier within the two-year
period of limitation, said period shall be extended to include six months from the time notice
in writing is given by the carrier to the claimant...
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40-15-1
Section 40-15-1 Meaning of "executor," "administrator" or "legal representative".
The terms "executor," "administrator" and "legal representative,"
used interchangeably in this chapter, shall be held to mean the executor or administrator
or trustee or legal representative of the decedent whose estate is subject to an estate tax
under this title. In the event no executor or administrator is appointed and qualified, then
the term "executor" as used herein shall be held to mean any person in actual or
constructive possession and acting for any estate subject to tax under this chapter. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §433.)...
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40-7-55
Section 40-7-55 Short form tax return; itemized listings. (a) Prior to October 1, 2014, the
Department of Revenue shall design a non-itemized business personal property tax return short
form "short form tax return" which, at the taxpayer's option, may be utilized for
reporting total taxable tangible business personal property assets with original acquisition
costs equal to or less than ten thousand dollars ($10,000) under the provisions of this article
and any rules promulgated by the department related thereto. Any taxpaying entity utilizing
the short form return agrees to a business personal property tax liability for that applicable
tax year that is based upon taxable tangible business personal property assets valued at ten
thousand dollars ($10,000), and that the submission of such short form return by the taxpayer
is a declaration to the county assessing official or other applicable agency that the property
is to be valued at ten thousand dollars ($10,000) for all taxable tangible...
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43-2-373
Section 43-2-373 Payment of claims barred by statute of limitations. No claim against the estate
of a decedent whether in favor of the personal representative or any other person, which was
barred by the statute of limitations at the time of the death of such decedent, shall be paid
by or allowed to the personal representative, unless the payment of such claim be expressly
directed by a testator in his will. (Code 1896, §128; Code 1907, §2599; Code 1923, §5824;
Code 1940, T. 61, §220.)...
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43-2-835
Section 43-2-835 Duty of personal representative; inventory and appraisement. (a) Within two
months after appointment, a personal representative, who is not a special administrator or
a successor to another representative who has previously discharged this duty, shall file
an inventory of property owned by the decedent at the time of death, listing it with reasonable
detail, and indicating as to each listed item, its fair market value as of the date of the
decedent's death, and the type and amount of any encumbrance that may exist with reference
to any item. (b) The personal representative shall send a copy of the inventory to interested
persons who request it. If the testator, by express provision in the will to that effect,
exempts the personal representative from filing an inventory, the personal representative
shall not be required to file the initial inventory, or any supplement thereto, with the court,
unless in the opinion of the court, the estate is likely to be wasted, to the...
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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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6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal, owned
by a decedent at the time of his death does not exceed in amount and value the exemption allowed
in favor of his or her surviving spouse and minor child or children, or either, and no administration
is granted on his estate within 60 days after his death, the probate court of the county in
which he resided at the time of his death, upon the application of the surviving spouse or,
if there is no surviving spouse or he or she does not act, upon the application of a suitable
person who shall be appointed by the judge of probate as the next friend of such minor child
or children, verified by oath and setting forth such facts, as well as the names, condition,
and residence, if known, of the heirs of the decedent other than the minor children of the
decedent, must appoint two commissioners, who shall...
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6-2-41
Section 6-2-41 Limitations on claims to charge real estate with debts and obligations of decedent.
(a) The real estate of persons dying testate or intestate shall, as against the rights of
mortgagees or purchasers for value from the heirs or devisees, be forever discharged from
the payment of all legal and equitable debts and obligations unless the persons, including
minors and insane persons, owning such debts or benefited by said obligations shall within
the time allowed by law, but in no event more than two years from the death of the deceased,
file in the probate court of the county where said property is located a verified claim showing
the nature and amount of said debts and obligations. (b) Wherever there has been no executor
or administrator appointed, then the person owning said debt or benefited by said obligation
must, within three months after filing said claim, cause letters testamentary or of administration
to be issued and proceed to subject said land to said debts or...
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22-8B-5
Section 22-8B-5 Liability for damages; wrongful death action; suspension or revocation of license.
(a) Any person, physician, or health care provider who deliberately violates this chapter
by aiding in dying shall be liable for damages. (b) If any person deliberately aids in dying
in violation of this chapter that results in death, the personal representative or administrator
of the estate of the decedent may bring an appropriate action for wrongful death. (c) Any
physician or other health care provider who deliberately aids in dying in violation of this
chapter shall be considered to have engaged in unprofessional conduct for which his or her
license to provide health care services in the state shall be suspended or revoked by the
appropriate licensing board. (Act 2017-231, §5.)...
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