Title 33, Title 33 Practice and Procedure

Neglect or refusal on the part of an executor, administrator, or guardian to comply with any requirement of §§ 33-18-9 — 33-18-12 may be cause for removal.

Service of any legal process upon an agent appointed under §§ 33-18-9 — 33-18-12 shall be of the same legal effect as if made upon his or her principal in this state.

In case of a mortgage containing powers of sale, the executor, administrator, or guardian of the estate for the time being of the mortgagee may, on default, unless provisions to the contrary be made in the mortgage, exercise the enumerated powers of sale. The executor, administra…

The probate court may authorize executors, administrators, guardians, and conservators to submit to arbitration, to abandon, or to adjust by compromise, or otherwise settle or dispose of, any claim in favor of or against, or any controversy or thing whatever relating to the estat…

If an administrator, executor, or guardian shall be requested by any person legally interested in the estate of a deceased person, or person under guardianship, to commence an action or proceeding to recover any property, personal or real, which the legally interested person may …

If a suit or proceeding be pending, whether instituted by the administrator, executor, guardian, or any legally interested person, then no additional suit or proceeding shall be brought for the same cause, but the administrator, executor, guardian, or any legally interested perso…

Any legally interested person instituting a suit or proceeding shall, in case of failure to prosecute the suit successfully, be entitled to no costs, and shall be personally liable to the adverse party for costs, and in no event shall those legally interested persons instituting …

Whenever an executor, administrator, or guardian shall for any cause become incapable of executing his or her trust, or shall neglect or refuse to do the duties of the trust, or shall waste the estate of his or her ward or that on which he or she administers, the probate court, u…

Courts of probate shall have the power to compromise all claims sued for or defended by any legally interested person referred to in §§ 33-18-17 — 33-18-19 in the same manner and to the same extent as may now be done by the probate courts with reference to claims by or against es…

Any paper or instrument discharging a claim or purporting to acknowledge the performance of a duty or the payment of money, for which an executor, administrator, or guardian is chargeable or accountable in a probate court, shall, upon the request of a party interested, be recorde…

Whenever any person acting as executor, administrator, custodian, or guardian shall make payments or deliver property or estate pursuant to the order of a probate court having jurisdiction, after the expiration of the time within which an appeal lies from the order and while an a…

All persons making or permitting to be made any payment or transfer bona fide upon any official certificate of appointment of any executor, administrator, or guardian, issued by the probate court in respect of the estate of any deceased person or ward, shall be justified and held…

Any corporation organized under the laws of this state may, before having actual notice of the pendency of an application in this state for letters testamentary, of administration, or guardianship, permit the executor of the will or administrator of the estate of a decedent who a…

Any person or corporation in this state, before having actual notice of the pendency of an application in this state for letters testamentary of administration or guardianship may pay any money owing or deliver any personal property belonging to the estate of any decedent whose r…

If a corporation refuses to permit a transfer as provided in § 33-18-24 or a person indebted refuses to pay, or having possession refuses to deliver personal property as permitted in § 33-18-25, the executor or administrator, if there is no executor or administrator appointed in …

If an executor, administrator, or guardian has paid or delivered to the persons entitled thereto the money or other property in his or her hands as required by a decree of a probate court, he or she may perpetuate the evidence of payment or delivery by presenting to the court, wi…

If, without an order of court, an executor, administrator, or guardian pays or delivers any money or other property in his or her hands to a legatee, distributee, or ward, and thereafter renders an account, upon oath, with a full and detailed statement, to the probate court, and …

If money, which a decree of a probate court has ordered to be paid over, remains for six (6) months unclaimed, the executor, administrator, or guardian who was ordered to pay over the money may deposit it in the registry of the probate court to accumulate for the benefit of the p…

Whenever complaint shall be made by any person interested in the estate, or by any creditor, or by the surety on the bond of any executor, administrator or guardian, for the removal of an executor, administrator or guardian, a citation shall issue to the executor, administrator o…

If an executor, administrator, or guardian holds any money, stock certificates, bond, or other chose in action payable or deliverable to a legatee, next of kin, ward, or other person, and the person entitled thereto cannot give a proper discharge therefor, or is out of the countr…

Upon the filing of a petition, such notice of the time and place of hearing thereon shall be given as the court shall direct; and after a hearing on the petition, the court may enter a decree granting a discharge, if it deems it proper, and thereafter the executor, administrator …

Whenever an executor, administrator, or guardian shall in writing resign his or her trust to the probate court having jurisdiction of the estate, the court may accept the resignation and, upon petition, appoint a successor, who shall have all the power that the person resigning h…

In case the person so resigning was the sole executor, administrator, or guardian, the court shall appoint an administrator or guardian as a successor; if he or she were a joint executor or joint testamentary guardian, the continuing executor or guardian, if required, shall give …

An administrator or guardian appointed to succeed an executor, administrator, or guardian shall demand and receive of the preceding executor, administrator, or guardian, his or her heirs, executors, or administrators, all the goods and effects, books of account, securities, docum…

Whenever an executor, administrator, or guardian, by or against whom any action concerning the estate of the testator, intestate or ward is prosecuted shall die, resign, or be removed, the action shall not thereby be abated, but the successor, if any, may come into court to prose…

If an executor, administrator, or guardian shall neglect to appear and take upon himself or herself the prosecution or defense of an action, suit, or proceeding as provided in § 33-9-24, being duly notified thereof by order of the court where the same shall be pending, or if, hav…

Every executor, administrator or guardian appointed in, but residing out of, the state shall, before entering upon the duties of his or her trust, appoint in writing an agent residing in this state, and shall by the writing agree that the service of any legal process against him …