Title 43

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 or she must direct notice of such application to be given by publication for three successive weeks in some newspaper pub…

On the day specified in the citation, or after publication as required, or on any day thereafter to which the hearing may be continued, the court must proceed to hear the evidence, and may, in its discretion, examine the parties; and when the application charges embezzlement, was…

If the application is determined against the applicant, he or she, 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; …

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 or…

Whenever the judge of probate has reason to believe that any just ground or cause of removal exists, or that an additional bond should be required of an executor, or administrator, he or she may cause a citation to be served on such executor or administrator, requiring him or her…

Any testator may, by express provision in his or her will to that effect, exempt an executor from filing an inventory or making any report or final settlement, and when such provision is made, such inventory, report or final settlement shall not be required except in the followin…

The inventory must set forth the property, enumerating each item separately, all debts or demands due or accruing to the decedent, the time such debts or demands are due, the amount of the same and how evidenced, with the credits, if any, and the name of the debtor and the amount…

On the return of the inventory, the executor or administrator must take and subscribe an oath, to be administered by the judge of probate, or any justice of the peace or notary public of the county, that such inventory is full and complete, as to the property of the decedent, whi…

Six months after his or her appointment, and at any time thereafter when required by the court, either upon its own motion or upon the application of any person interested in the estate, the executor or administrator must render, for the information of the court, an exhibit under…

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 …

Whenever any executor or administrator has kept an estate together, under the order of the probate court, for 10 years, the time may be extended annually, upon application and good cause shown, if the court is of the opinion that the interest of such estate demands such extension…

When a share or shares of real or personal property of any decedent is or are set apart or distributed to any widow, heir at law, or distributee of such decedent, and it appears to the satisfaction of the court that it is to the interest of the parties interested in the estate th…

The executor or administrator must pay, at the end of each year, to the owner or owners of such share or shares a proportionate share of the profits arising from such estate, and is entitled to a credit for same; but if it shall appear, on a settlement of his accounts, that he ha…

The probate court has power to grant orders authorizing administrators, in cases of intestacy, to hire a sufficient number of laborers to keep up and cultivate the plantation of their intestates, where it is deemed by the court advisable to order the same to be kept together for …

Before granting such order, the court must require the administrator to file a petition under oath, setting forth the facts upon which the application is based; and, upon the filing of such petition, the court must appoint a day for the hearing of the same, and must give 10 days’…

When the estate of any decedent is kept together the real estate may be cultivated under the direction of the executor or administrator. (Code 1852, §1903; Code 1867, §2267; Code 1876, §2607; Code 1886, §2216; Code 1896, §284; Code 1907, §2749; Code 1923, §5988; Code 1940, T. 61,…

The provisions of the preceding sections of this article must not be so construed as to conflict with the will of the testator. (Code 1852, §1904; Code 1867, §2268; Code 1876, §2608; Code 1886, §2217; Code 1896, §285; Code 1907, §2750; Code 1923, §5989; Code 1940, T. 61, §205.)

(a) The executor or administrator must make annual settlements of such estates, as required in other cases, and in such settlements he or she must show how such estate has been managed, crops made, expenses incurred, and the disposition of all moneys received; and he or she must …

The provisions of this article in relation to keeping estates together must not be so construed as to affect the rights of creditors, or to prevent any legatee or distributee from receiving his or her proportion of the estate on his or her arriving at full age. (Code 1852, §1909;…

(a) All claims against the estate of a decedent, held by the personal representative of the decedent or by an assignee or transferee of the personal representative, or in which the personal representative has an interest, whether due or to become due, must be presented within six…

The provisions of subsection (b) of Section 43-2-350 do not apply to minors or persons of unsound mind who have no legal guardian at the time of the grant of letters testamentary or of administration; but such minors and persons of unsound mind are allowed six months after the ap…

The presentation must be made by filing a verified claim, or a verified statement thereof, in the office of the judge of probate in which letters are granted, and the same must be docketed with a note of the date of such presentation; and, if required, a statement must be given b…

The revival of any action pending against any person at the time of his or her death, which by law survives against his or her personal representative, by notice served on the executor or administrator within six months after the grant of letters, shall be considered as a present…

The personal representative of the estate of a decedent may give notice in writing to the claimant or anyone having a beneficial interest in a claim against the estate that such claim is disputed in whole or in part; if in part, specifying the part disputed. Thereupon the judge o…

All the property of the decedent, except as otherwise provided, is charged with the payment of his or her debts, and, if necessary, may be sold for that purpose. (Code 1852, §1737; Code 1867, §2060; Code 1876, §2429; Code 1886, §2078; Code 1896, §125; Code 1907, §2596; Code 1923,…

The debts against the estates of decedents are to be paid in the following order: (1) The funeral expenses. (2) The fees and charges of administration. (3) Expenses of the last sickness. (4) Taxes assessed on the estate of the decedent previous to his or her death. (5) Debts due …

No executor or administrator must, before the expiration of six months from the grant of letters, give a preference in the payment of any debt over others of the same class; nor is a debt due and payable entitled to any preference over debts of the same class which are not due. (…

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 …

The payment of any debt against the estate of the executor or administrator, after six months from the grant of letters, protects him or her to the extent of the payment from liability on any other debt against such estate which had not been presented at the time of such payment.…

Any debt not due, which has been presented, may be paid by an executor or administrator after six months from the grant of letters, and the provisions of Section 43-2-374 include such debts; but such payment must not be made unless the creditor accepts, in discharge of such debt,…

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 or her affidavit, and stating the facts, su…

Such application must not be heard until 10 days after the filing thereof, and notice thereof may be given to some person adversely interested whenever the court may deem just. When, or at such time as the court may continue the hearing, the court, satisfied that the claim is bad…

The executor or administrator shall make report, in writing and under oath, of such sale or compromise within 30 days thereafter; and when such report is made, the sale or compromise may be confirmed, unless good cause is shown for setting the same aside. (Code 1876, §2506; Code …

Any executor or administrator, by authority of the probate court given on his or her written application, may, in his or her representative capacity, give his or her note, bond or bill for the purpose of extending or settling a debt of the decedent, or settling a debt contracted …

Whenever a debtor of the decedent is unable to pay all his or her debts, the executor or administrator, with the approbation of the court or judge thereof, may compound with him or her and give him or her a discharge, upon receiving a fair and just dividend of his or her effects.…

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 …

Notice of such application must be given to some person adversely interested in such manner, and for such length of time, not less than three weeks, as the judge of probate may require; but when the property is perishable, and it is so specified in the application, no notice is r…

Any person interested may appear and contest such application, and show that no sale is required, or that it is more for the interest of the estate that other property should be sold. (Code 1852, §1745; Code 1867, §2069; Code 1876, §2435; Code 1886, §2094; Code 1896, §144; Code 1…

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 …

Such sale must not commence before 11:00 A.M., nor continue longer than 4:00 P.M.; and, if not completed within those hours, it may be continued from day to day. (Code 1852, §1747; Code 1867, §2071; Code 1876, §2437; Code 1886, §2096; Code 1896, §146; Code 1907, §2610; Code 1923,…

Such sale may be for cash or on credit not exceeding 12 months, as the court may direct; and if on credit, notes, or bonds, with at least two sufficient sureties, must be taken by the executor or administrator. (Code 1852, §§1748, 1752; Code 1867, §§2072, 2077; Code 1876, §§2438,…

When the highest amount bid for the property, or any part thereof, is, in the opinion of the executor or administrator, greatly less than its fair value, he or she may withdraw the property and postpone the sale. (Code 1896, §148; Code 1907, §2612; Code 1923, §5839; Code 1940, T.…

If the purchaser fails to comply with the terms of the sale, the executor or administrator may again proceed to advertise and sell the property. If, on another and a completed sale, the property sells for a less sum than the amount bid at the former sale, the purchaser so in defa…

Any crop commenced by a decedent may be completed and gathered by the executor or administrator, and, the expenses of the plantation being deducted therefrom, is assets in his or her hands, and may be sold by him or her at private sale, either in or out of the state. (Code 1852, …

All farm products coming into the hands of the executor or administrator as assets of the estate may be sold by him or her at public or private sale, at the reasonable market value, either in or out of the state. (Code 1923, §5842; Code 1940, T. 61, §237.)

Executors and administrators may assign and transfer by endorsement, without recourse or warranty, any mortgages, notes, or accounts belonging to a decedent, provided he or she receives the full amount due thereon, and provided said mortgages, notes, or accounts shall have been e…