Title 43 — Title 43

At the hearing, the probate court shall take such legal evidence as shall then be offered for the purpose of ascertaining whether the presumption of death is established, and no person shall be disqualified to testify by reason of his or her relationship as husband or wife to the…

If satisfied upon the hearing that the legal presumption of death is made out, the court shall so decree and shall forthwith cause notice thereof to be inserted for two successive weeks in a newspaper published in the county and also, when practicable, in a newspaper published at…

If, within the period of said 12 weeks, evidence satisfactory to the probate court of the continuance in life of the said decedent shall not be forthcoming, it shall be the duty of the court to issue the letters of administration to the party thereto entitled, and the said letter…

Distribution of Assets. The probate court may revoke the said letters at any time on due and satisfactory proof that the supposed decedent is in fact alive, after which revocation all the powers of the administrator shall cease, but all receipts, disbursements of assets, and othe…

Substitution of Parties; Reopening Judgments. After revocation of the letters, the person erroneously supposed to be dead, may, on suggestion filed of record of the proper fact, be substituted as plaintiff in all actions brought by the administrator, whether prosecuted to judgmen…

The costs attending the issue of letters, or their revocation, shall be paid out of the estate of the supposed decedent. Costs arising upon an application for letters which shall not be granted shall be paid by the applicant. History: (Acts 1939, No. 46, p. 53; Code 1940, T. 61, …

Estates. All laws in this state with respect to procedure in the administration of estates of deceased persons which are not in conflict with the provisions of this article are made applicable to proceedings under this article. History: (Acts 1939, No. 46, p. 53; Code 1940, T. 61…

Disability. If the disability of a person under age or of a married woman named as executor in any will is removed before the administration of such will is completed, such person is entitled to supplementary letters testamentary, to be issued in the same manner as original lette…

Any person named as executor in a will may renounce such appointment by appearing before the judge of probate and declaring such renunciation, which must be entered of record; or such person may renounce his appointment by an instrument in writing executed by him and acknowledged…

When, in any proceeding in any court, the estate of a deceased person must be represented, and there is no executor or administrator of such estate, or he or she is interested adversely thereto, it shall be the duty of the court to appoint an administrator ad litem of such estate…

When, in such proceedings, the estate represented by the administrator ad litem is entitled to a decree or judgment for the recovery of money or for the possession of real or personal property, such decree or judgment shall be rendered in favor of the administrator ad litem for t…

When such decree or judgment is for the recovery of money and the estate has no executor or administrator, execution shall issue thereon in favor of the administrator ad litem for the use of the estate, and the money, when collected, shall be paid by the officer to the judge of t…

When such decree or judgment is for the recovery of real or personal property and the estate has no executor or administrator, no writ of possession or other writ for the enforcement of such decree or judgment shall issue thereon until there shall be some person duly authorized u…

Interested. When such administrator ad litem is appointed on account of the adverse interest of the executor or administrator, and the decree or judgment is rendered against such executor or administrator, no execution, writ of possession, or other writ for the enforcement of the…

It shall be the duty of the judge of probate, clerk, or register receiving the money to pay over the same, less one half of one percent thereon, to the person entitled thereto, on demand; and for failure to do so, he or she incurs a penalty in favor of such person of 10 percent t…

Such administrator ad litem must be allowed for his or her services such compensation as the judge of probate or judge of the circuit court appointing him or her may direct, to be taxed and collected as part of the costs of the proceedings, either out of the estate represented by…

Failure to Apply by One Named. If any person named as executor in the will renounces his or her appointment or fails to apply for letters testamentary within 30 days after probate and any other persons named therein as executors make application for such letters and are fit perso…

to Apply, Etc. If no person is named in the will as executor, or if named executors, one or more, all renounce or fail to apply within 30 days after probate or are unfit persons to serve, the residuary legatee, or if he or she fails to apply within such time, refuses to accept or…

An executor or administrator may, by a writing subscribed by him or her, resign; and his or her resignation must be filed and entered of record in the court having jurisdiction of the administration. History: (Code 1852, §1718; Code 1867, §2039; Code 1876, §2408; Code 1886, 2060;…

In case of resignation, the executor or administrator and his or her sureties are bound for all the assets not administered, which have not been delivered over to his or her successor. History: (Code 1852, §1719; Code 1867, §2040; Code 1876, §2409; Code 1886, §2061; Code 1896, §1…

(a) If the sole executor or all the executors die, resign, or are removed, the probate court having jurisdiction of the estate must grant letters of administration, with will annexed, to the person entitled thereto under Section 43-2-27. (b) If an administrator dies, resigns, or …

After a final settlement, there being personally not administered which requires an administrator for the proper disposition thereof, the judge of probate of the proper county must proceed to appoint a suitable person as administrator who shall give bond as required by law and ad…

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 or her removal from the office of executor; but, on and after his or her removal, he or she shall in all respects be regarded and treated as a nonr…

No executor of an executor can, as such, administer on the estate of the first testator; but on the death of a sole or surviving executor, letters of administration with the will annexed may be granted to the persons entitled thereto, as in any case in which a sole executor has r…

Administration. (a) If, after letters of administration have been granted as in case of intestacy, any will is proved and the executor therein named appears, claims letters testamentary and complies with the requisition of the law, the probate court having jurisdiction must revok…

An administrator may be removed, and his or her letters revoked for his or her removal from the state; and an administrator or executor may be removed and his or her letters revoked for any of the following causes: (1) Imbecility of mind; intemperance; continued sickness, renderi…

A sentence of imprisonment in the penitentiary, imprisonment in the county jail or hard labor for the county, for a term of 12 months or more, terminates the right of the convict to execute the office of executor or administrator, in the same manner as if he or she had been remov…

An executor or administrator may also be required to give additional bond and, in default thereof, may be removed and his or her letters revoked, in the following cases: (1) When it is shown to the court by his or her sureties, or either of them, that he or she has become, or is …

Application for the removal of any executor or administrator, or for an additional bond, must be in writing, verified by oath, must specify the grounds of complaint and must be made to the court from which letters issued, or in which the administration is pending; and may be made…

A citation to such executor or administrator to appear and answer the application on a day specified therein must be served on him or her five days before the hearing of the complaint. History: (Code 1852, §1700; Code 1867, §2021; Code 1876, §2390; Code 1886, §2048; Code 1896, §9…

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. History: (Code 1852, §1705; Code 1867, §2026; Code 1876, §2395; Code 1886, §2051; Code 1896, §98; Code 1907…

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…

or Final Settlement. 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 e…

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…

Estate. 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 e…

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. History: (Code 1852, §1903; Code 1867, §2267; Code 1876, §2607; Code 1886, §2216; Code 1896, §284; Code 1907, §2749; Code 1923, §5988; Code 194…

The provisions of the preceding sections of this article must not be so construed as to conflict with the will of the testator. History: (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,…

(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. History: (Code 185…

(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…