Title 43 — Title 43

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 …

Account and Vouchers. In case of the death of an executor or administrator who had not made a final settlement of his or her executorship or administration, and where letters of administration or testamentary have not been granted on his or her estate, the sureties on his or her …

Representative of Deceased Executor or Administrator Party to Settlement. Should an administrator or executor of such deceased executor or administrator be appointed at any time before final decree, any party to the proceeding may, on motion, have such executor or administrator o…

for Order Requiring Sureties to Make Settlement. In any case where an executor or administrator shall die without having made a final settlement of his or her administration and a successor is appointed, such succeeding executor or administrator or the heirs and distributees, leg…

Conclusiveness of Settlement. In all such cases provided for in Section 43-2-562, the settlement therein provided for shall be final and conclusive against such sureties save the right of review by appeal or otherwise as now provided by law. History: (Acts 1915, No. 98, p. 138; C…

Execution Against Sureties. Execution and all other final process may issue against the said sureties on said bond to enforce said judgments. History: (Acts 1915, No. 98, p. 138; Code 1923, §5939; Code 1940, T. 61, §334.)

After the expiration of six months from the grant of letters testamentary, or of administration, with the will annexed, if there are more than sufficient assets in the hands of such executor or administrator to pay the debts of the deceased, any legatee may apply to the probate c…

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 or h…

The court must appoint a day for hearing such application, and a citation must be issued and served on the executor or administrator notifying him or her of the grounds of such application and of the day appointed for hearing the same, 10 days before such day. History: (Code 1852…

On the day appointed or on any other day to which the hearing of the application may be continued, the court must hear the same; and, if it appears that the applicant is a legatee and that after the payment of his or her legacy there will be a sufficiency of assets to pay all the…

Such refunding bond must be payable to the executor or administrator with the will annexed and must be in double the amount directed to be paid or in double the value of the property to be delivered, to be ascertained by the appraisement or other evidence satisfactory to the cour…

If the legacy is not payable in money, the value thereof as ascertained under Section 43-2-584 must be entered of record; and, if the amount directed to be paid or the property directed to be delivered is not paid or delivered within 60 days after such order, an execution may iss…

Sections 43-2-581 through 43-2-585 apply to the widow who has dissented from her husband’s will and seeks to compel the payment of her distributive share or, if she is dead, to her administrator or executor. History: (Code 1867, §2103; Code 1876, §2480; Code 1886, §2198; Code 189…

The personal representative must give notice of the appointment, stating the name of the deceased, the day on which letters were granted, by what court, stating the county and notifying all persons having claims against the estate to present the same within the time allowed by la…

On the settlement of the estate of a decedent, when such estate is free from debt, the probate court in which such settlement may be pending has authority to refer all matters of controversy arising in such settlement to arbitration, if, in the opinion of the court, the interests…

If any person interested in such estate is an infant or of unsound mind, his or her guardian shall have authority to consent to the reference to arbitration, which consent must be in writing, and, when so given, shall be binding on such person as fully and effectually as if he or…

The arbitrators must not exceed three in number and must be entirely disinterested and must be appointed by order of the probate court. History: (Code 1867, §2171; Code 1876, §2543; Code 1886, §2185; Code 1896, §253; Code 1907, §2704; Code 1923, §5942; Code 1940, T. 61, §344.)

The arbitrators must make their award in writing, and, within 10 days after making the same, they must return it to such court; and, if approved by the court, it must be entered of record and shall be final and conclusive upon all the parties. But such award must not be approved …

If such award, or any part thereof, is for the payment of money, it shall, when approved and entered of record, have the force and effect of a judgment at law in favor of the person to whom the money may be awarded; and execution may issue thereon as in other cases. History: (Cod…

If such award is not approved by the court, it must be set aside; and the court may refer the matters again to the same or other arbitrators. History: (Code 1867, §2174; Code 1876, §2546; Code 1886, §2188; Code 1896, §256; Code 1907, §2707; Code 1923, §5945; Code 1940, T. 61, §34…

Any of the parties may, within 10 days after such award has been returned to the court, file objections to the same; and, if objections are filed, the court must appoint a day, not less than 30 days from the filing of such objections, to hear and determine the same, notice of whi…

Sections 6-6-4 through 6-6-10 and 6-6-13 are made applicable to the settlement of estates by arbitration. History: (Code 1867, §2176; Code 1876, §2548; Code 1886, §2190; Code 1896, §258; Code 1907, §2709; Code 1923, §5947; Code 1940, T. 61, §349.)

Notice, as prescribed in Section 43-2-60, must be given: (1) By first-class mail addressed to their last known address, or by other mechanism reasonably calculated to provide actual notice, to all persons, firms, and corporations having claims against the decedent, who are known …

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 or she and his or her sureties are liable, on proof that such notice has not been give…

On the final settlement of an estate, the court may make such orders of distribution as may be necessary, and, on the confirmation of the same, may render a decree thereon, and the property must be delivered according to such decree; or, if there is money only to be divided, it m…

All orders of distribution must be directed to three disinterested persons appointed by the court, must specify the property to be divided, the persons and their respective shares and must require them to return their proceedings on a day specified in such order. History: (Code 1…

(a) The persons therein named, or a majority of them, must proceed to make distribution according to such order, having first taken an oath to make such distribution fairly and impartially, if the same can be made, which oath may be administered by the executor or administrator, …

The court, for causes shown on such exceptions, or otherwise, may set aside such distribution and direct another distribution or, if the same is just, may confirm it; or, if it appears from such report that the property cannot be equitably divided without a sale of all or some po…

Such a sale must be advertised and made as sales of personal property under the order of the court for the payment of debts. History: (Code 1852, §1797; Code 1867, §2124; Code 1876, §2501; Code 1886, §2167; Code 1896, §235; Code 1907, §2718; Code 1923, §5956; Code 1940, T. 61, §3…

Upon the confirmation of any order of distribution, the executor or administrator must deliver the property to the persons entitled thereto. History: (Code 1852, §1798; Code 1867, §2125; Code 1876, §2502; Code 1886, §2168; Code 1896, §236; Code 1907, §2719; Code 1923, §5957; Code…

(a) Any judgments or claims in favor of the estate, which are not collected at the time of final distribution, may be divided among the persons entitled, on final distribution; or, if such division cannot be equitably made, may be sold as other personal property. (b) The executor…

(a) If, on final settlement, any distributee or legatee owes the estate any debt, contracted with the decedent in his or her lifetime or with the executor or administrator in his or her representative capacity, the court shall allow the same in favor of the executor or administra…

When the estate has been fully administered and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he or she has paid all sums of money due from him or her and delivered up, under the order of the court, all the property of the estate t…

(a) When administration is taken out in this state on the estate of any person who, at the time of his or her death, was an inhabitant of any other state or country, his or her personal estate, after the payment of debts and charges on his or her estate, must be disposed of accor…

Administrator. When the executor or administrator is satisfied that the estate is solvent, he or she may, after six months from the date of the grant of letters testamentary or of administration, make distribution of the whole or any part of the property without obtaining an orde…

Months from Grant of Letters. (a) The court may also, in case of intestacy, make an order of distribution out of the assets of the decedent, on the application of any person entitled to distribution, after six months from the grant of letters. (b) The order of the court, made aft…

Such application must be in writing, verified by affidavit, must specify the share to which the applicant is entitled and must allege that the assets of the decedent are more than sufficient to pay the debts of the decedent and the charges on his or her estate. History: (Code 185…

A day must be appointed for the hearing of such application, and a citation must be issued and served on the administrator 10 days before the day appointed, notifying him or her of the grounds of the application and the day of hearing the same. History: (Code 1852, §1780; Code 18…

On the day appointed, or on any other day to which the application may be continued, if the court is satisfied from the evidence that the assets are more than sufficient to pay the debts and charges, it may make an order of distribution for such portion of the distributive share …

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 or her share o…

All refunding bonds provided for in this division must be recorded by the judge of probate and then delivered to the executor or administrator; and a transcript of any such bond as recorded, duly certified, is evidence to the same extent as the original would have been if produce…

(a) Such refunding bond stands as security for the executor or administrator, should the assets in his or her hands, after any payment of money or delivery of property under the order of the court, prove insufficient to pay the debts, claims, and charges against the estate, and t…

Any party making a payment on any refunding bond taken under this division, may recover against the parties to any other refunding bond such an amount as shall be in the same proportion to the amount collected from the plaintiff, as the amount of money and value of the property d…

If any application made under the provisions of this division is determined against the applicant, he or she must pay the costs. History: (Code 1852, §1783; Code 1867, §2110; Code 1876, §2487; Code 1886, §2204; Code 1896, §272; Code 1907, §2730; Code 1923, §5969; Code 1940, T. 61…

When the administration of the estate of a deceased person shall be pending in any court, and the records of such court shall show that letters testamentary or letters of administration on such estate were issued and that 20 years or more have elapsed since six months after such …

An executor, administrator or surety on the bond of the executor or administrator of said estate, or the heirs or next of kin of such executor, administrator or surety may file a petition or complaint, verified by affidavits, in the court in which such a cause is pending, allegin…

Such notice must state the name of the executor or administrator, the name of the deceased and the day appointed for the hearing of the petition or complaint. If all heirs and legatees are of age and waive publication in a newspaper, notice must, in such case be given by posting …

Any person interested may appear and contest any statement in the petition or complaint and may examine the parties or any other witness and may introduce any legal evidence in support of his or her contest. History: (Acts 1953, No. 687, p. 939, §5.)

Should the court find the allegations of the petition or complaint to be true, it shall enter an order, decree or judgment in said cause discharging the executor or the administrator and the sureties on their official bonds from all liability growing out of the administration of …

Settlement. Upon any annual, partial or final settlement made by any administrator or executor, the court having jurisdiction thereof may fix, determine, and allow the fees or other compensation to which any such administrator or executor is entitled from an estate up to the time…