Title 43

On the day appointed for auditing such account, any person may attend on the part of such executor or administrator and show that he or she is entitled to additional credits; and any person interested may attend and contest any item of such account or in any previous account, or …

If, however, such executor or administrator appears and files his or her accounts and vouchers for settlement and pays such costs as have accrued upon the proceedings had under Sections 43-2-530 through 43-2-532, the court may set aside such decree and proceed as if none had been…

When an executor or administrator dies, resigns, or is removed, or his or her letters are revoked, or his or her authority ceases from any cause, he or she must within one month after his or her authority ceases or, in case of his or her death, his or her personal representative …

The remaining or succeeding executor or administrator of the estate of the decedent, if there be one, must be made a party to such settlement and, if a resident of this state, must have personal notice of the time of making the same served on him at least 10 days before the day a…

If there remains any act of administration to be done, other than making settlement and distribution or payment of legacies, and there is a remaining or succeeding executor or administrator, a decree must be rendered in his or her favor for the amount found due on such settlement…

If, on such settlement, a balance is ascertained to be due from the estate of such decedent to the deceased or outgoing executor or administrator, the probate court may, if six months have elapsed from the grant of original letters, render a decree in favor of the outgoing execut…

The probate court may stay execution on any decree rendered under the provisions of Section 43-2-553, for any time not exceeding six months, if, in the judgment of the court, the interest of the estate requires extension. (Code 1867, §2168; Code 1876, §2540; Code 1886, §2177; Cod…

If such outgoing executor or administrator or, if dead, his or her personal representative or, in case of his or her removal from the state, his or her sureties fail to make settlement within the time required by this division, the court may, of its own motion or on the applicati…

After stating such account, the court must issue citation to such executor or administrator or, if dead, to his or her personal representative or, in case of his or her removal from the state, to his or her sureties to appear on a day therein named and to file his or her account …

On the day appointed for auditing such account, any person may attend on the part of such executor or administrator or, if dead, of his or her personal representative or, in case of his or her removal from the state, his or her sureties and show that he or she is entitled to addi…

If, however, such executor or administrator or, if dead, his or her personal representative or, in event of his or her removal from the state, his or her sureties appear and file his or her accounts and vouchers for settlement and pay such costs as have accrued upon the proceedin…

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 …

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 official bond may proc…

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 of such deceased executor or administrator made a party to such 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, legatees, or cestui que trust may, by petition to th…

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. (Acts 1915, No. 98, p. 138; Code 1923, §5938; Code 1940, T. 61, §333…

Execution and all other final process may issue against the said sureties on said bond to enforce said judgments. (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. (Code 1852, §1774; …

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. (Code 1867, §2103; Code 1876, §2480; Code 1886, §2198; Code 1896, §266; …

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. (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. (Code 1867, §…

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. (Code 1867, §2174; Code 1876, §2546; Code 1886, §2188; Code 1896, §256; Code 1907, §2707; Code 1923, §5945; Code 1940, T. 61, §347.)

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. (Code 1867, §2176; Code 1876, §2548; Code 1886, §2190; Code 1896, §258; Code 1907, §2709; Code 1923, §5947; Code 1940, T. 61, §349.)

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. (Code 1852, §179…

(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. (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, §356.)

Upon the confirmation of any order of distribution, the executor or administrator must deliver the property to the persons entitled thereto. (Code 1852, §1798; Code 1867, §2125; Code 1876, §2502; Code 1886, §2168; Code 1896, §236; Code 1907, §2719; Code 1923, §5957; Code 1940, T.…

(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…

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 order of court, or …

(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 after six months from the grant o…

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. (Code 1852, §1779;…

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. (Code 1852, §1780; Code 1867, §2107…