(a) When the estate of a decedent is solvent, the executor or administrator, out of the assets in his or her hands, may defray the necessary and reasonable expenses of maintaining and educating minors who are entitled to distribution therein, and who have no legal guardian; and, upon any partial or final settlement by him or her, the probate court must allow him or her credit for such expenses. To the extent the expenses are not within the family allowance, the expenses shall be charged against the shares of such minors and deducted therefrom on any distribution of the estate. (b) An executor or administrator defraying such expenses must file with his or her account for a settlement a separate account of the amounts paid therefor on
account of each of such minors accompanied by proper vouchers, showing the amounts and for what expended.
History: (Code 1876, §§2644, 2645; Code 1886, §§2159, 2160; Code 1896, §§227, 288; Code 1907, §§2676, 2677; Code 1923, §§5909, 5910; Code 1940, T. 61, §§305, 306; Acts 1984, No. 84-258, p. 426, §1.)